WorldWideScience

Sample records for antitrust laws

  1. 49 CFR 95.13 - Antitrust laws.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 1 2010-10-01 2010-10-01 false Antitrust laws. 95.13 Section 95.13 Transportation Office of the Secretary of Transportation ADVISORY COMMITTEES § 95.13 Antitrust laws. The activities of advisory committees are subject to the antitrust laws and committee members are not immune from prosecution...

  2. Competition And Antitrust Law In Ecuadorian Constitution

    Directory of Open Access Journals (Sweden)

    Marcelo Marín Sevilla

    2013-01-01

    Full Text Available This work allows us to establish the Economic Constitution and the Competition Law (C.L in the Constitution. Additionally, the paper analyzes whether the rules outlined in the C. L. and in doctrine are consistent and appropriate with the Constitution of Ecuador. The Competition and Antitrust Laws has rules for investigating and punishing the cartels, the abuses of power market (dominant position, the rules for merger control, the behaviors of Abuse of economic dependence, and unfair competition behaviors. Always the Antitrust Authority will analyze these behaviors in terms of welfare of both: the consumer and the market.

  3. 32 CFR 644.440 - Application of antitrust laws.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 4 2010-07-01 2010-07-01 true Application of antitrust laws. 644.440 Section... Application of antitrust laws. Section 207 of the Federal Property Act provides that real property and related... the antitrust laws. Prior to obligating the Government on any such disposal, the District Engineer...

  4. 41 CFR 109-45.310 - Antitrust laws.

    Science.gov (United States)

    2010-07-01

    ... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Antitrust laws. 109-45.310 Section 109-45.310 Public Contracts and Property Management Federal Property Management... Antitrust laws. DOE offices shall submit to the Deputy Assistant Secretary for Procurement and Assistance...

  5. 41 CFR 102-75.270 - Must antitrust laws be considered when disposing of property?

    Science.gov (United States)

    2010-07-01

    ... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Must antitrust laws be...-REAL PROPERTY DISPOSAL Surplus Real Property Disposal Applicability of Antitrust Laws § 102-75.270 Must antitrust laws be considered when disposing of property? Yes, antitrust laws must be considered in any case...

  6. 41 CFR 102-38.325 - What are the requirements pertaining to antitrust laws?

    Science.gov (United States)

    2010-07-01

    ... requirements pertaining to antitrust laws? 102-38.325 Section 102-38.325 Public Contracts and Property... the requirements pertaining to antitrust laws? When the sale of personal property has an estimated... antitrust laws. Include in the notification the description and location of the property, method of sale and...

  7. 26 CFR 1.162-22 - Treble damage payments under the antitrust laws.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 2 2010-04-01 2010-04-01 false Treble damage payments under the antitrust laws... Corporations § 1.162-22 Treble damage payments under the antitrust laws. (a) In general. In the case of a... Federal antitrust laws or enters a plea of guilty or nolo contendere to an indictment or information...

  8. An economic analysis of leniency programs in antitrust law

    NARCIS (Netherlands)

    Hinloopen, J.

    2003-01-01

    Within a dynamic market environment the forces that drive the effectiveness of leniency programs in antitrust law are analyzed. This effectiveness unambigously is enhanced by (i) increasing the reduction in fine payments in return for reporting a cartel, and (ii) increasing the expected per-period

  9. PENGATURAN DAN PENEGAKAN HUKUM PEMBOIKOTAN DALAM ANTITRUST LAW AMERIKA SERIKAT

    Directory of Open Access Journals (Sweden)

    Siti Anisah

    2016-01-01

    Full Text Available Boycott is one of violations in the competition law that eliminating the freedom of parties to enter the market. The aim of it no other than lessened fair competition. Theoretically, the issue related boycott discuss about the approach utilised by the authority to investigate and enforce boycott and its meaning: whether boycott is vertical or horizontal, or both; and what are the criteria of the violations? Given so few references on boycott, this paper attempts to reveal the regulation and the enforcement of it in the United States. It is aimed as reference to regulate and/or to settle the competition law cases of boycott in Indonesia in the future day. The United States does not specifically state boycott in the Antitrust Law. The United States includes boycott as concerted to deal and refuse to deal as ruled in the Section 1 of Sherman Act.

  10. Understanding Antitrust Laws, Competition, the Economy, and Their Impact on Our Everyday Lives

    Science.gov (United States)

    Hawke, Catherine, Ed.; Middleton, Tiffany Willey, Ed.

    2011-01-01

    This article presents an interview with Edward Biester, an attorney and a member of the ABA Section of Antitrust Law, who recently led the Section's initiative to develop a curriculum for high school students. In this interview, Biester discusses the history of American antitrust laws, looks at some of the contemporary issues, and highlights the…

  11. Institutional Aspects of European Commission Guidance in the Area of Antitrust Law

    OpenAIRE

    Ben Smulders

    2009-01-01

    From an institutional law perspective, the question arises how to qualify the more than thirty existing communications, notices and guidelines which the Commission has issued in the area of antitrust law.

  12. Joint Research and Development under US Antitrust and EU Competition Law

    DEFF Research Database (Denmark)

    Lundqvist, Björn

    This fascinating new book dissects, from a Competition law perspective, how Research and Development collaborations operate under both US and EU antitrust law. Analyzing the evolution of this innovation landscape from the 1970s to the present day, Blomqvist details the modifications and amendments...... made over this time to the relevant legal acts and guidelines. In doing to, the author picks up on the slow shift that has taken place in both the antitrust laws of the USA and the Competition Rules of the EU. The book concludes by discussing the necessity for a stringent attitude towards the antitrust...

  13. Incorporating health care quality into health antitrust law

    Science.gov (United States)

    2008-01-01

    Background Antitrust authorities treat price as a proxy for hospital quality since health care quality is difficult to observe. As the ability to measure quality improved, more research became necessary to investigate the relationship between hospital market power and patient outcomes. This paper examines the impact of hospital competition on the quality of care as measured by the risk-adjusted mortality rates with the hospital as the unit of analysis. The study separately examines the effect of competition on non-profit hospitals. Methods We use California Office of Statewide Health Planning and Development (OSHPD) data from 1997 through 2002. Empirical model is a cross-sectional study of 373 hospitals. Regression analysis is used to estimate the relationship between Coronary Artery Bypass Graft (CABG) risk-adjusted mortality rates and hospital competition. Results Regression results show lower risk-adjusted mortality rates in the presence of a more competitive environment. This result holds for all alternative hospital market definitions. Non-profit hospitals do not have better patient outcomes than investor-owned hospitals. However, they tend to provide better quality in less competitive environments. CABG volume did not have a significant effect on patient outcomes. Conclusion Quality should be incorporated into the antitrust analysis. When mergers lead to higher prices and lower quality, thus lower social welfare, the antitrust challenge of hospital mergers is warranted. The impact of lower hospital competition on quality of care delivered by non-profit hospitals is ambiguous. PMID:18430219

  14. A dose of competition : EU antitrust law in the pharmaceuticals sector

    NARCIS (Netherlands)

    Sauter, W.; Hancher, Leigh

    2015-01-01

    In the pharmaceuticals sector there is an inherent tension between intellectual property rights and antitrust. This paper examines this tension over the past 10 years since modernisation of EU competition law. It looks at three types of problems: (i) restrictions on parallel imports; (ii) abuse of

  15. Deregulation and regulation by the national and European antitrust laws. The development and amendment of antitrust laws and their effects on the public utilities. Papers

    International Nuclear Information System (INIS)

    Baur, J.F.

    1994-01-01

    The papers presented at the meeting discuss the following subjects: The public utilities and their scope of exemptions from provisions of the antitrust laws as established by court rulings; reimbursement for electricity supplied to the grid and the phasing out of franchise agreements; the competition policy of the Federal Cartel Office towards the public utilities; legal and economic implications of the competition policy adopted by the Federal Cartel Office for the structures of the public sector of the power supply industry; ensuring safe and priceworthy power supply in Europe. The five papers can be separately retrieved from the database. (HSCH) [de

  16. ECONOMIC AND LEGAL ASPECTS OF THE PLANNED DAMAGES ACTIONS FOR THE BREACHES OF EC ANTITRUST LAW

    Directory of Open Access Journals (Sweden)

    Elena Isac

    2010-09-01

    Full Text Available This paper investigates the planned damages actions for breaches of EC antitrust law in order to assess their impact on consumer welfare. It first examines the current legal situation and concurs that the European Union needs to regulate damages actions for breaches of EC antitrust law so that a higher number of consumers could be compensated for their losses. This paper then discusses the main legal provisions proposed by the Commission in the Green and in the White paper on damages actions for breaches of EC antitrust law. The analysis of these proposed legal provisions is done using arguments specific to the economic analysis of law. It is demonstrated that most of these proposed legal provisions will enhance consumer welfare but that there are also proposed legal provisions which will damage consumer welfare. The paper concludes that the planned damages actions for breaches of the EC law will be an improvement compared to the current situation. However, the Commission should amend some of the proposed legal provisions in order to help consumers further.

  17. Recent developments in national antitrust practice and case law: January 2012 – May 2013

    Directory of Open Access Journals (Sweden)

    Mario Siragusa

    2014-03-01

    Full Text Available In the period under review, the Italian Competition Authority and administrative courts analyzed many important cases in different economic sectors. Some of the these cases raised extremely complex legal and economic issues. The analysis of decision practice and case law highlights some critical aspects of recent antitrust enforcement, namely: (i the need to strengthen the fight against cartels; (ii the need to refine the tools used in merger analysis, also through the use of modern econometric methods; (iii the need to enhance the role of economic analysis in the assessment of unilateral exclusionary conduct, in line with the Commission’s Guidance on Article 102 TFEU; and (iv the need to find a better balance between competition rules and sector-specific regulation, so as to avoid overlapping and inconsistencies. A further critical issue is the need to reinforce the protection of the rights of defense. In order to improve the current administrative enforcement system, it is necessary to enhance the procedural guarantees and to remove the limits on judicial review of antitrust decisions, thus enabling administrative courts to review fully, in fact and in law, any aspect of the ICA’s finding of infringement, and to pronounce also on the merits of the case.

  18. Impact of the antitrust laws on the commercialization of solar heating and cooling

    Energy Technology Data Exchange (ETDEWEB)

    Gross, J.

    1979-06-01

    Many energy industry observers and solar equipment producers view the commercialization of solar technologies as an opportunity to undermine the dominance now enjoyed by energy companies and electric utilities. Whether their hopes will be realized depends on Congress' posture towards interenergy diversification (which is currently permissive), DOE's spending practices (which have, in the past, been relatively insensitive to competitive consequences), and ultimately, the Supreme Court's willingness to aggressively enforce the antitrust laws (which is not unlikely, given recent holdings). Notwithstanding the legislative and administrative branches' tacit compliance with entrenched firms' involvement in the various solar energy submarkets, injured business persons and consumers (as well as the Department of Justice and the Federal Trade Commission) have the opportunity to force the controversy onto the judiciary by bringing suit under the antitrust laws against companies allegedly displaying anti-competitive market practices. The interchangeability between end uses of renewable and nonrenewable energy resources creates opportunities and motives for market manipulation. Consequently, the potential of energy firms for facilitating solar technology development (due to technological knowledge, managerial expertise and capital resources) must be weighed against the possibility that their involvement will, in the long run, retard development. 356 references.

  19. Essays in antitrust economics

    NARCIS (Netherlands)

    Verouden, V.C.H.M.

    2001-01-01

    Competition law - or antitrust law, as it is called in the United States - is a field of law to which economic concepts, such as "restriction of competition" and "anti-competitive effect", are of central importance. This thesis analyses a number of such concepts, both from an economic and a legal

  20. 48 CFR 245.7308 - Antitrust notification.

    Science.gov (United States)

    2010-10-01

    ... action would tend to create or maintain a situation inconsistent with the antitrust laws. (c) If the Attorney General advises that the proposed disposition is inconsistent with the antitrust laws, do not... 48 Federal Acquisition Regulations System 3 2010-10-01 2010-10-01 false Antitrust notification...

  1. 15 CFR 1160.4 - Antitrust considerations.

    Science.gov (United States)

    2010-01-01

    ... research activities would violate any of the antitrust laws. ... 15 Commerce and Foreign Trade 3 2010-01-01 2010-01-01 false Antitrust considerations. 1160.4... Private Sector Industrial Technology Partnerships § 1160.4 Antitrust considerations. The Department of...

  2. 48 CFR 1303.303 - Reporting suspected antitrust violations.

    Science.gov (United States)

    2010-10-01

    ... Antitrust Violations 1303.303 Reporting suspected antitrust violations. Suspected anti-competitive practices and antitrust law violations, as described in FAR 3.301 and FAR 3.303, shall be reported to the... antitrust violations. 1303.303 Section 1303.303 Federal Acquisition Regulations System DEPARTMENT OF...

  3. 48 CFR 403.303 - Reporting suspected antitrust violations.

    Science.gov (United States)

    2010-10-01

    ... Antitrust Violations 403.303 Reporting suspected antitrust violations. Contracting officers shall report the circumstances of suspected violations of antitrust laws to the Office of Inspector General in accordance with... antitrust violations. 403.303 Section 403.303 Federal Acquisition Regulations System DEPARTMENT OF...

  4. 48 CFR 1403.303 - Reporting suspected antitrust violations.

    Science.gov (United States)

    2010-10-01

    ... Antitrust Violations 1403.303 Reporting suspected antitrust violations. (a) Reports on suspected violations of antitrust laws as required by FAR 3.303 shall be prepared by the CO, reviewed by the SOL, and... antitrust violations. 1403.303 Section 1403.303 Federal Acquisition Regulations System DEPARTMENT OF THE...

  5. 48 CFR 3.303 - Reporting suspected antitrust violations.

    Science.gov (United States)

    2010-10-01

    ... a violation of the antitrust laws. These reports are in addition to those required by subpart 9.4. (b) The antitrust laws are intended to ensure that markets operate competitively. Any agreement or... procedures. (c) Practices or events that may evidence violations of the antitrust laws include— (1) The...

  6. Stricter antitrust legislation?

    International Nuclear Information System (INIS)

    Heller, W.

    2007-01-01

    In November 2006, the German Federal Ministry of Economics sent a ministerial draft bill on combating price abuses in the energy supply and food trade sectors to the trade associations for comment. The bill must be seen as part of a set of measures of the federal government seeking to improve conditions for more competition in the energy sector. An omnibus law is to add a new Section 29 to the Act against Restrictions on Competition (Antitrust Act). The addition is to bear the heading of 'Power Economy' and has been designed to prevent a utility (vendor of electricity, gas, and district heat) from abusing its position on a market which it dominates either alone or together with other utility companies. Depending on the interests involved, comments on the draft bills differ. On the whole, this tightening up of antitrust legislation is preceived more as a repair job. Stricter antitrust provisions absolutely must also be seen in their European dimension. European firms not falling under this stricter antitrust law enjoy advantages over German firms. (orig.)

  7. Credit Suisse , Regulatory Immunity, and the Shrinking Scope of Antitrust

    OpenAIRE

    Keith Sharfman

    2007-01-01

    Credit Suisse has important implications for antitrust practice. The decision’s effect is to narrow the scope of antitrust law and to invite efforts by regulated industries to narrow it still further.

  8. Bundled Discounts and the Antitrust Modernization Commission

    OpenAIRE

    Aaron Panner

    2007-01-01

    The Report of the Antitrust Modernization Commission devotes relatively little space to antitrust common law – the judge-made doctrine that governs unreasonable restraints of trade under Section 1 and monopolization under Section 2 of the Sherman Act.

  9. 48 CFR 903.303 - Reporting suspected antitrust violations.

    Science.gov (United States)

    2010-10-01

    ... as described in FAR 3.301, and antitrust law violations as described in FAR 3.303, evidenced in bids... antitrust violations. 903.303 Section 903.303 Federal Acquisition Regulations System DEPARTMENT OF ENERGY GENERAL IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST Reports of Suspected Antitrust...

  10. Accountable Care Organizations and Antitrust Enforcement: Promoting Competition and Innovation.

    Science.gov (United States)

    Feinstein, Deborah L; Kuhlmann, Patrick; Mucchetti, Peter J

    2015-08-01

    The antitrust laws stand to protect consumers of health care services from conduct that would raise prices, lower quality, and decrease innovation by lessening competition. Importantly, though, vigorous antitrust enforcement does not impede accountable care organizations (ACOs) and similar collaborations that advance these same goals of better and more efficient care; in fact, by fostering competitive markets, the antitrust laws encourage such initiatives. This article summarizes the legal framework that the federal antitrust agencies - the Federal Trade Commission and the Antitrust Division of the US Department of Justice - use to analyze ACOs and other collaborations among health care providers. It outlines the guidance provided by the federal antitrust agencies concerning when ACOs and other provider collaborations likely would harm competition and consumers. In addition, it reviews common antitrust issues that can arise with ACOs and provides examples of enforcement actions that have prevented health care providers from taking or continuing anticompetitive actions. Copyright © 2015 by Duke University Press.

  11. 76 FR 21894 - Proposed Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations...

    Science.gov (United States)

    2011-04-19

    ... (the ``Agencies'') are proposing an enforcement policy regarding the application of the antitrust laws... Civil Monetary Penalty (CMP) Laws (Oct. 5, 2010). The Federal Trade Commission and the Antitrust... Reason Analysis to ACOs That Meet Certain Conditions The antitrust laws treat naked price-fixing and...

  12. 76 FR 67025 - Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating...

    Science.gov (United States)

    2011-10-28

    ... That Meet Certain Conditions The antitrust laws treat naked price-fixing and market-allocation... must be for the collaboration to pass muster under the antitrust laws. The Agencies have articulated... challenged by the Agencies under the antitrust laws, absent extraordinary circumstances. The Agencies...

  13. Experimental economics in antitrust

    NARCIS (Netherlands)

    Normann, H.T.; Müller, W.; Blair, R.D.; Sokol, D.D.

    2015-01-01

    This chapter assesses the scope and the specific contribution of laboratory experiments for antitrust. It reviews experiments that have addressed specific antitrust issues, problems, and institutions. The chapter mainly covers experimental studies on collusion (tacit and explicit, conscious

  14. Antitrust issues and the restructuring of the power industry

    International Nuclear Information System (INIS)

    Moritz, T.F.

    1999-01-01

    Because of extensive federal oversight and state regulation of the utility area, few antitrust cases have been brought concerning the electric power industry. The limited prior case law that exists in this area nonetheless provides valuable guidance regarding how the antitrust laws will protect consumers and, therefore, competition in the electric power industry. This article will discuss the primary antitrust doctrines likely to be utilized to protect competition in this industry

  15. The current German regime governing third-party access to power transmission systems and denial of TPA, discussed from the angle of applicable civil law, energy industry law and antitrust law

    International Nuclear Information System (INIS)

    Kuehne, G.

    2000-01-01

    The German EnWG (energy industry law) for deregulation of the energy sector and implementation of the Internal Energy Market Directive of the EU contains an obligation to contract and make rules for establishing a legally binding system for access to and use of third parties of transmission and distribution networks in the competitive electricity market. The design of such contracts under private law as well as the grid code for network operation primarily being a matter of the contracting parties, the legal basis and opportunities for governmental supervisory functions are embodied in various laws. The legal analysis of this contribution examines the current situation and asks whether the existing provisions of the German BGB (Civil Code), antitrust law and the EnWG offer practicable means in case of need for governmental supervisory action in order to ensure evolution and adherence to a legal framework that will ensure the objectives of the politically willed deregulation of the energy sector and foster development of an open market serving the public welfare. (CB) [de

  16. 26 CFR 1.186-1 - Recoveries of damages for antitrust violations, etc.

    Science.gov (United States)

    2010-04-01

    ...) Injury suffered under certain antitrust law violations. An injury sustained in business, or to property, by reason of any conduct forbidden in the antitrust laws for which a civil action may be brought... 26 Internal Revenue 3 2010-04-01 2010-04-01 false Recoveries of damages for antitrust violations...

  17. 31 CFR 900.3 - Antitrust, fraud, and tax and interagency claims excluded.

    Science.gov (United States)

    2010-07-01

    ... activity do not apply to any debt based in whole or in part on conduct in violation of the antitrust laws... in whole or in part on conduct in violation of the antitrust laws or any claim involving fraud, the... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Antitrust, fraud, and tax and...

  18. 28 CFR 16.88 - Exemption of Antitrust Division Systems-limited access.

    Science.gov (United States)

    2010-07-01

    ... investigation. Disclosure of the accounting would therefore present a serious impediment to antitrust law... of accounting would therefore present a serious impediment to antitrust law enforcement efforts. (2... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Exemption of Antitrust Division Systems...

  19. 10 CFR 1015.103 - Antitrust, fraud, tax, interagency, transportation account audit, acquisition contract, and...

    Science.gov (United States)

    2010-01-01

    ... part on conduct in violation of the antitrust laws or to any debt involving fraud, the presentation of... whole or in part on conduct in violation of the antitrust laws or any claim involving fraud, the... 10 Energy 4 2010-01-01 2010-01-01 false Antitrust, fraud, tax, interagency, transportation account...

  20. 38 CFR 1.902 - Antitrust, fraud, and tax and interagency claims.

    Science.gov (United States)

    2010-07-01

    ... of the antitrust laws or to any debt involving fraud, the presentation of a false claim, or... whole or in part on conduct in violation of the antitrust laws or any claim involving fraud, the... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Antitrust, fraud, and tax...

  1. 41 CFR 105-55.003 - Antitrust, fraud, tax, interagency claims, and claims over $100,000 excluded.

    Science.gov (United States)

    2010-07-01

    ... apply to any debt based in whole or in part on conduct in violation of the antitrust laws or to any debt... antitrust laws or any claim involving fraud, the presentation of a false claim, or misrepresentation on the... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Antitrust, fraud, tax...

  2. Antitrust in Open Economies

    NARCIS (Netherlands)

    J.F. François (Joseph); H. Horn (Henrik)

    2006-01-01

    textabstractWe examine antitrust rules in a two county general equilibrium trade model, contrasting national and multilateral (cooperative) determination of competition policy, exploring the properties of the policy equilibrium. It is not imperfect competition, but variation in competitive stance

  3. International antitrust institutions

    OpenAIRE

    Budzinski, Oliver

    2012-01-01

    The paper discussed the economic theory of international antitrust institutions. Economic theory shows that non-coordinated competition policies of regimes that are territorially smaller than the international markets on which business companies compete violate cross-border allocative efficiency and are deficient with respect to global welfare. At the same time, some diversity of antitrust institutions and policies promotes dynamic and evolutionary efficiency so that globally binding, worldwi...

  4. Stricter antitrust legislation?; Verschaerfung des Kartellrechts?

    Energy Technology Data Exchange (ETDEWEB)

    Heller, W.

    2007-01-15

    In November 2006, the German Federal Ministry of Economics sent a ministerial draft bill on combating price abuses in the energy supply and food trade sectors to the trade associations for comment. The bill must be seen as part of a set of measures of the federal government seeking to improve conditions for more competition in the energy sector. An omnibus law is to add a new Section 29 to the Act against Restrictions on Competition (Antitrust Act). The addition is to bear the heading of 'Power Economy' and has been designed to prevent a utility (vendor of electricity, gas, and district heat) from abusing its position on a market which it dominates either alone or together with other utility companies. Depending on the interests involved, comments on the draft bills differ. On the whole, this tightening up of antitrust legislation is preceived more as a repair job. Stricter antitrust provisions absolutely must also be seen in their European dimension. European firms not falling under this stricter antitrust law enjoy advantages over German firms. (orig.)

  5. 76 FR 17160 - Notice of Finding of No Significant Antitrust Changes and Time for Filing Requests for...

    Science.gov (United States)

    2011-03-28

    ... review in 1972 that would create or maintain a situation inconsistent with the antitrust laws. Several... Significant Antitrust Changes and Time for Filing Requests for Reevaluation for Tennessee Valley Authority...: Tennessee Valley Authority, Watts Bar Nuclear Plant, Unit 2; Notice of No Significant Antitrust Changes and...

  6. Third-party access zu district-heating grids. Considerations to the range of paragraph 19 sect. 4 no. 4 GWB and to the relation of antitrust law and energy law; Drittzugang zu Fernwaermenetzen. Ueberlegungen zur Reichweite des paragraph 19 Abs. 4 Nr. 4 GWB und zum Verhaeltnis von Kartell- und Energierecht

    Energy Technology Data Exchange (ETDEWEB)

    Koerber, Torsten

    2011-07-01

    The establishment of a sector-specific network access regulation significantly contributes to the development of vigorous competition in telecommunications services. Even in the sectors of electricity and natural gas hopes are placed on a regulation. Recognising this, in early 2010, a contract for a legal opinion concluded on behalf of the Energieeffizienzverband fuer Waerme, Kaelte und KWK e.V. (Frankfurt/Main, Federal Republic of Germany). This legal opinion should examine the following questions: (1) To what extent can the effect of the substitution ban also be used for the enforcement of access requirements?; (2) Is the heat supply system a key organization in line with paragraph 19 Sect. 4 No 4 GWB (GWB = Restriction of Competition)? (3) May the network access be denied on economic grounds in the way of objective justification? (4) How far may in particular environmental and beyond considerations of economic standing aspects be used? Based on these particular issues, especially, grid access requirements are traced. The author of the contribution under consideration investigates the following issues: (a) To what extent can claims on supply with or acceptance of district heating be derived from anti-trust standards?; (b) What are the impacts of the specialties of district heating on the application of the antitrust law? (d) To what extent does the antitrust law interact with the regulations of energy law and its objectives?.

  7. Recent Trends in Antitrust Enforcement

    Directory of Open Access Journals (Sweden)

    Mario Siragusa

    2015-10-01

    Full Text Available This article intends to discuss a selection of the most relevant features of the most recent trends in antitrust enforcement. Firstly, anticompetitive signalling will be addressed: its assessment depends on the kind of information provided. Where such information is of public knowledge or is very well known by the market participants, signalling should not be deemed as anticompetitive. Secondly, the Power Cable case has raised for the first time various problematic issues, such as the possibility to impose parental liability on a purely financial investor, even where the presumed direct infringer would have been able to pay the fine. This appears to be irreconcilable with the objectives for which the case law on parental liability has been elaborated. Thirdly, as to the concept of restriction of competition by object, it is argued that the Intel case does not disavow the principles established in Cartes Bancaires. Indeed, the finding of a violation and the different methodology applied in the first case are only due to its specific factual circumstances. Finally, the nouvelle vague of the case law on the anticompetitive abuse of rights has led to two opposite approaches, one at the EU and the other at the Italian level. The first one, based on the finding of objective circumstances, is perfectly consistent with existing EU case law, while the second, exclusively focused on the exclusionary intent, seems to be in sharp contrast with it. The hope is that the Court of Justice will intervene to resolve this contradiction.

  8. Antitrust Enforcement and Marginal Deterrence

    NARCIS (Netherlands)

    Houba, H.E.D.; Motchenkova, E.; Wen, Q.

    2011-01-01

    Abstract: We study antitrust enforcement in which the fine must obey four legal principles: punishments should fit the crime, proportionality, bankruptcy considerations, and minimum fines. We integrate these legal principles into an infinitely-repeated oligopoly model. Bankruptcy considerations

  9. Antitrust Challenge to Football Group Dismissed by Judge.

    Science.gov (United States)

    Lederman, Douglas

    1991-01-01

    An administrative-law judge dismissed the Federal Trade Commission's antitrust complaint against the College Football Association (CFA), saying it had no jurisdiction over the association. CFA's five-year television contract with the American Broadcasting Company was found to have a nonprofit purpose. (MSE)

  10. 48 CFR 245.7310-8 - Antitrust clearance.

    Science.gov (United States)

    2010-10-01

    ..., DEPARTMENT OF DEFENSE CONTRACT MANAGEMENT GOVERNMENT PROPERTY Sale of Surplus Contractor Inventory 245.7310-8... acceptance of its bid. Award shall be made only upon advice from the Department of Justice that the proposed sale would not create or maintain a situation inconsistent with the antitrust laws. ...

  11. Sharing, samples, and generics: an antitrust framework.

    Science.gov (United States)

    Carrier, Michael A

    Rising drug prices are in the news. By increasing price, drug companies have placed vital, even life-saving, medicines out of the reach of consumers. In a recent development, brand firms have prevented generics even from entering the market. The ruse for this strategy involves risk-management programs known as Risk Evaluation and Mitigation Strategies ("REMS"). Pursuant to legislation enacted in 2007, the FDA requires REMS when a drug's risks (such as death or injury) outweigh its rewards. Brands have used this regime, intended to bring drugs to the market, to block generic competition. Regulations such as the federal Hatch-Waxman Act and state substitution laws foster widespread generic competition. But these regimes can only be effectuated through generic entry. And that entry can take place only if a generic can use a brand's sample to show that its product is equivalent. More than 100 generic firms have complained that they have not been able to access needed samples. One study of 40 drugs subject to restricted access programs found that generics' inability to enter cost more than $5 billion a year. Brand firms have contended that antitrust law does not compel them to deal with their competitors and have highlighted concerns related to safety and product liability in justifying their refusals. This Article rebuts these claims. It highlights the importance of samples in the regulatory regime and the FDA's inability to address the issue. It shows how a sharing requirement in this setting is consistent with Supreme Court caselaw. And it demonstrates that the brands' behavior fails the defendant-friendly "no economic sense" test because the conduct literally makes no sense other than by harming generics. Brands' denial of samples offers a textbook case of monopolization. In the universe of pharmaceutical antitrust behavior, other conduct--such as "pay for delay" settlements between brands and generics and "product hopping" from one drug to a slightly modified

  12. 75 FR 16178 - Antitrust Division

    Science.gov (United States)

    2010-03-31

    ..., 15 U.S.C. 4301 et seq. (``the Act''), Joint Venture Agreement Between Cambridge Major Laboratories... Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993--Joint Venture Agreement Between Cambridge Major Laboratories, Inc. and Konarka Technologies, Inc., in...

  13. Power Markets Shaped by Antitrust

    NARCIS (Netherlands)

    Sadowska, M.; Willems, Bert

    2012-01-01

    Abstract: In November 2011 Sweden abolished the uniform national electricity price and introduced separate price zones. This was the result of an antitrust settlement between the Commission and the Swedish network operator, which was accused of discriminating between domestic and export electricity

  14. Antitrust concerns in the modern public utility environment

    Energy Technology Data Exchange (ETDEWEB)

    Meeks, J.E. [Ohio State Univ., Columbus, OH (United States). Coll. of Law

    1996-04-01

    Direct regulation of public utility activity and behavior has been the predominant approach to protect the public interest in this country. Changes in technology, as well as new thinking about the optimum role of regulation, have created a changing atmosphere in all of the traditional public utility industries. Competitive markets for many of the products and services in these industries have been developing. While monopoly power will continue to exist in certain parts of these industries and require direct regulation, in many areas a growing reliance upon competition as the best method of serving the public interest is developing. With this shift in emphasis from regulation to free markets, the antitrust laws take on new importance for these industries. In the absence of direct regulator control, those laws are society`s primary method of insuring the markets necessary to make competition an effective device for protecting the public interest. This study provides an overview of the antitrust laws, briefly describes the applicable theoretical underpinnings, and then turns to areas where public utility activity may pose special problems or conflicts with prevailing antitrust policy.

  15. Antitrust concerns in the modern public utility environment

    International Nuclear Information System (INIS)

    Meeks, J.E.

    1996-04-01

    Direct regulation of public utility activity and behavior has been the predominant approach to protect the public interest in this country. Changes in technology, as well as new thinking about the optimum role of regulation, have created a changing atmosphere in all of the traditional public utility industries. Competitive markets for many of the products and services in these industries have been developing. While monopoly power will continue to exist in certain parts of these industries and require direct regulation, in many areas a growing reliance upon competition as the best method of serving the public interest is developing. With this shift in emphasis from regulation to free markets, the antitrust laws take on new importance for these industries. In the absence of direct regulator control, those laws are society's primary method of insuring the markets necessary to make competition an effective device for protecting the public interest. This study provides an overview of the antitrust laws, briefly describes the applicable theoretical underpinnings, and then turns to areas where public utility activity may pose special problems or conflicts with prevailing antitrust policy

  16. 15 CFR 1160.24 - Antitrust considerations.

    Science.gov (United States)

    2010-01-01

    ... Partnership Initiative § 1160.24 Antitrust considerations. (a) The Department of Commerce will offer no opinion on the antitrust merits of the formation of any proposed Strategic Partnership. The Department may..., conduct workshops to discuss the formation of such partnerships in general. Commerce will not select the...

  17. NRC antitrust licensing actions, 1978--1996

    Energy Technology Data Exchange (ETDEWEB)

    Mayer, S.J.; Simpson, J.J.

    1997-09-01

    NUREG-0447, Antitrust Review of Nuclear Power Plants, was published in May 1978 and includes a compilation and discussion of U.S. Nuclear Regulatory Commission (NRC) proceedings and activity involving the NRC`s competitive review program through February 1978, NUREG-0447 is an update of an earlier discussion of the NRC`s antitrust review of nuclear power plants, NR-AIG-001, The US Nuclear Regulatory Commission`s Antitrust Review of Nuclear Power Plants: The Conditioning of Licenses, which reviewed the Commission`s antitrust review function from its inception in December 1970 through April 1976. This report summarizes the support provided to NRC staff in updating the compilation of the NRC`s antitrust licensing review activities for commercial nuclear power plants that have occurred since February 1978. 4 refs., 4 tabs.

  18. NRC antitrust licensing actions, 1978--1996

    International Nuclear Information System (INIS)

    Mayer, S.J.; Simpson, J.J.

    1997-09-01

    NUREG-0447, Antitrust Review of Nuclear Power Plants, was published in May 1978 and includes a compilation and discussion of U.S. Nuclear Regulatory Commission (NRC) proceedings and activity involving the NRC's competitive review program through February 1978, NUREG-0447 is an update of an earlier discussion of the NRC's antitrust review of nuclear power plants, NR-AIG-001, The US Nuclear Regulatory Commission's Antitrust Review of Nuclear Power Plants: The Conditioning of Licenses, which reviewed the Commission's antitrust review function from its inception in December 1970 through April 1976. This report summarizes the support provided to NRC staff in updating the compilation of the NRC's antitrust licensing review activities for commercial nuclear power plants that have occurred since February 1978. 4 refs., 4 tabs

  19. Competitive bidding might create antitrust problems

    International Nuclear Information System (INIS)

    Smith, D.J.

    1991-01-01

    With the increased use and complexity of competitive bidding systems for new generating capacity there is the possibility that federal antitrust laws may be violated. Anyone violating Section 1 of the Sherman Act could face stiff penalties. Falling into this category of violations are agreements among competitors, price fixing, and elimination of competitors through the allocations of customers and/or territories. It does not have to be in writing for someone to be charged with bid rigging. In fact, it is stated that bid rigging is typically proved from the testimony of one of the persons involved. According to this paper, a charge of rigging the bids can come from: One or more bidders offering to provide power at a higher price than another bidder. Two or more bidders offering to supply power at the same price. One or more potential bidders not submitting a bid or intentionally bidding high. One bidder and not the others offering a more favorable construction schedule or an alternative proposal. One firm offering to renegotiate if its bid is rejected while the other bidders refuse. These are just some of the agreements that are illegal. The penalties for such violations of the Sherman Act are severe: fines of up to $100,000 and up to three years in jail for individuals; up to $1 million in fines for corporations

  20. Parallel Federal/State Antitrust Investigations

    OpenAIRE

    Stephen Houck

    2012-01-01

    Those matters in which both federal and state antitrust authorities do take an interest usually have significant impacts across state lines and even international borders. Stephen D. Houck (Menaker & Herrmann LLP)

  1. European antitrust policy 1957-2004: An analysis of Commission decisions

    NARCIS (Netherlands)

    Carree, M.; Günster, A.; Schinkel, M.P.

    2008-01-01

    This paper provides a survey of European antitrust law enforcement since its foundation in the Treaty of Rome of 1957. We present a complete overview and statistical analysis of all 538 formal Commission decisions adopted up to 2004 under Articles 81, 82 and 86 of the European Community Treaty. We

  2. Holding Innovation to an Antitrust Standard

    OpenAIRE

    Gilbert, Richard

    2007-01-01

    Several antitrust cases have involved allegations of anticompetitive innovation or product design and some plaintiffs and antitrust scholars have argued that investment in research and development that excludes competition can have predatory effects similar to predatory pricing. This article analyzes several tests for predatory innovation, including the rule of reason based on total and consumer welfare and profit sacrifice tests. All of these tests are likely to produce false positives that ...

  3. Antitrust implications of utility participation in the market for remote photovoltaic systems

    International Nuclear Information System (INIS)

    Starrs, T.J.

    1994-01-01

    Remote photovoltaic systems are an important niche market in the development of a viable photovoltaics industry. Electric utilities in the US have started offering remote photovoltaic service. Utilities have the potential to use their monopoly power in regulated markets to unfair competitive advantage in competitive markets. Therefore, utility participation in remote photovoltaic markets raises potentially significant issues of antitrust law and policy. This paper describes some of the legal and factual criteria that US courts and regulatory agencies are likely to use in assessing the antitrust implications of utility participation in the market for remote photovoltaic systems

  4. Antitrust review of nuclear power plants. Recent developments

    International Nuclear Information System (INIS)

    Delaney, J.B.; Honeycutt, T.C.; Messier, M.

    1978-04-01

    This report updates and augments an earlier report that cataloged antitrust license conditions resulting from the Nuclear Regulatory Commission's (NRC's) antitrust review process mandated by the 1970 antitrust amendments from December 1970 to April 1976. An overview of the NRC's antitrust review process relevant to applications for construction permits and operating licenses is presented. Information on the antitrust reviews completed from May 1976 to February 1978 is also given. This information includes the identity of applicants, utility system and unit sizes, the geographic location of the applicant, and a summary of any antitrust license conditions

  5. The U.S. Nuclear Regulatory Commission's antitrust review of nuclear power plants: the conditioning of licenses

    International Nuclear Information System (INIS)

    Penn, D.W.; Delaney, J.B.; Honeycutt, T.C.

    1976-04-01

    The 1970 amendments to Section 105 of the Atomic Energy Act require the Nuclear Regulatory Commission to conduct a prelicensing antitrust review of applications for licenses to construct and operate nuclear power plants. The Commission must make a finding as to whether the granting of a license 'would create or maintain a situation inconsistent with the antitrust laws,' and it has the authority to issue or continue a license, to refuse to issue a license, to rescind or amend a license, and to issue a license with conditions that it deems appropriate. This report provides information about the antitrust license conditions that have resulted from the NRC's antitrust review process. The process itself is described and a catalog of the applications requiring antitrust license conditions is presented. For each application, the license conditions are put into the general categories of unit access, transmission services, coordination, and contractual provisions. For completeness, the report also catalogs applications requiring no antitrust license conditions, and lists applications that were exempted from the 1970 amendments, are the subject of litigation, or have been withdrawn

  6. 48 CFR 1203.303 - Reporting suspected antitrust violations.

    Science.gov (United States)

    2010-10-01

    ... TRANSPORTATION GENERAL IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST Reports of Suspected Antitrust Violations 1203.303 Reporting suspected antitrust violations. (b) The same procedures contained in... suspected antitrust violations shall be coordinated with legal counsel for referral to the Department of...

  7. Reputational penalties to firms in antitrust investigations

    NARCIS (Netherlands)

    Broek, van den S.; Kemp, R.G.M.; Verschoor, W.F.C.; Vries, de A.

    2012-01-01

    We estimate the impact of legal penalties imposed on Dutch listed firms targeted by competition authorities from 1998 to 2008 on a firm's stock market value. On average, firms lose 2.3 percent of their market values when an antitrust investigation is uncovered. This corresponds to a total value loss

  8. 45 CFR 30.3 - Antitrust, fraud, exception in the account of an accountable official, and interagency claims...

    Science.gov (United States)

    2010-10-01

    ... of antitrust laws, or to any debt involving fraud, presentation of a false claim, or... violation or fraud, a false claim, misrepresentation, or other criminal activity or misconduct, the Secretary shall refer the debt to the Office of the Inspector General for review. (3) Upon the determination...

  9. Patents and Antitrust: Application to Adjacent Markets

    OpenAIRE

    Nicholas Economides; William N. Hebert

    2007-01-01

    We examine the intersection of patents and antitrust where a patent holder uses the monopoly power it possesses in the market for a patented product to exclude competitors in an adjacent market and attempt to monopolize or monopolize the adjacent market. The present scheme for awarding patents cannot judge when the issuance of a patent will lead to the appropriate balance between innovation and efficiency. Where a patent holder’s invention uses an interface with adjacent products, the patent ...

  10. Need-Based Educational Aid Act of 2015 (Public Law 114-44)

    Science.gov (United States)

    US Congress, 2015

    2015-01-01

    The Need-Based Educational Aid Act of 2015 (Public Law 114-44) was put in place to improve and reauthorize provisions relating to the application of the antitrust laws to the award of need-based educational aid. The contents for this Act is as follows: (1) Short Title; and (2) Extension Relating to the Application of the Antitrust Laws to the…

  11. ANTITRUST ISSUES IN THE LARGE-SCALE FOOD DISTRIBUTION SECTOR

    Directory of Open Access Journals (Sweden)

    Enrico Adriano Raffaelli

    2014-12-01

    Full Text Available In light of the slow modernization of the Italian large-scale food distribution sector, of the fragmentation at national level, of the significant roles of the cooperatives at local level and of the alliances between food retail chains, the ICA during the recent years has developed a strong interest in this sector.After having analyzed the peculiarities of the Italian large-scale food distribution sector, this article shows the recent approach taken by the ICA toward the main antitrust issues in this sector.In the analysis of such issues, mainly the contractual relations between the GDO retailers and their suppliers, the introduction of Article 62 of Law no. 27 dated 24th March 2012 is crucial, because, by facilitating and encouraging complaints by the interested parties, it should allow the developing of normal competitive dynamics within the food distribution sector, where companies should be free to enter the market using the tools at their disposal, without undue restrictions.

  12. THE ITALIAN WAY TO ANTITRUST JUDICIAL REVIEW: A FEW ODDITIES OF THE PFIZER CASE

    Directory of Open Access Journals (Sweden)

    Cristoforo Osti

    2014-12-01

    Full Text Available The note deals with the Pfizer case, where the pharmaceutical company was condemned for an abuse of dominant position relating to otherwise lawful patent practices which, in the Authority's representation, had delayed without merit entry by generic producers. The note takes this opportunity to comment on the system of judicial review of the Italian Competition Authority's antitrust decisions, comparing it with the equivalent system at the EU level. The note also reviews more in-depth the judgment with reference to both those areas where the Court decided to take a specific position and in those where it omitted doing so.

  13. Judicial Review of Antitrust Decisions: Q&A

    Directory of Open Access Journals (Sweden)

    Roberto Giovagnoli

    2015-07-01

    Full Text Available The RIA/IAR asked several experts to give their opinion on the Italian system of judicial review of antitrust decisions and its compatibility with art. 6 of the ECHR following a set of common questions.

  14. Competition Law, Antitrust Immunity and Profits : A Dynamic Panel Analysis

    NARCIS (Netherlands)

    Brouwer, E.; Ozbugday, F.C.

    2011-01-01

    This paper tests whether the transition from the old Economic Competition Act, which was based on the so-called "abuse system", to the new Competition Act, which was based on "prohibition system", in the Netherlands had an impact on the price-cost margins in manufacturing industries during the

  15. Competition Law, Antitrust Immunity and Profits : A Dynamic Panel Analysis

    NARCIS (Netherlands)

    Brouwer, E.; Ozbugday, F.C.

    2011-01-01

    This paper tests whether the transition from the old Economic Competition Act, which was based on the so-called “abuse system”, to the new Competition Act, which was based on “prohibition system”, in the Netherlands had an impact on the price-cost margins in manufacturing industries during the

  16. The Golden Arches Meet the Hallowed Halls: Franchise Law and the Law School Curriculum.

    Science.gov (United States)

    Wright, Danaya

    1995-01-01

    A law school course in franchise law focuses on how various legal issues and categories interact within the context of the narrowly defined business relationship of a franchise. Four major topics included federal and state disclosure regulations, trademarks and service marks, common law contract issues, and antitrust law. Class exercises included…

  17. Standard review plan on antitrust reviews. Final report

    International Nuclear Information System (INIS)

    Lambe, W.M.; Davis, M.J.

    1997-12-01

    This standard review plan describes the procedures used by NRC staff to implement the antitrust review and enforcement provisions in Sections 105 and 186 of the Atomic Energy Act of 1954, as amended (the Act), and replaces NUREG-0970. These procedures are principally derived from the Commission's Rules and Regulations in 10 CFR Sections 2.101, 2.102, Part 2-Appendix A, Section X, 50.33a, 50.80, 50.90, and 52.77. These procedures set forth the steps and criteria the staff uses in antitrust reviews of construction permit applications, operating license applications, combined construction permit/operating license applications, combined construction permit/operating license applications, and applications for approval of the transfer of construction permits, operating licenses, and combined licenses. In addition, the procedures describe how the staff enforces compliance with antitrust conditions appended to licenses

  18. Impact of antitrust enforcement on the Country's minerals posture

    Energy Technology Data Exchange (ETDEWEB)

    1981-10-07

    This review found that there have not been a significant number of nonfuel-minerals-industry-related antitrust cases litigated at FTC or Justice over the last several years. In addition, officials interviewed in the nonfuel minerals industries generally do not view antitrust enforcement as a serious obstacle to their activities. The Department of Justice and FTC's Bureau of Competition comments on this report are included in enclosure II. Enclosure I presents a background discussion on antitrust enforcement, followed by detailed findings and conclusions. Enclosure III summarizes several antitrust investigations and cases cited by minerals industry spokesmen as examples of antitrust problems. (PSB)

  19. Concetto di mercato e antitrust (The concept of the market and antitrust

    Directory of Open Access Journals (Sweden)

    P. Sabbatini

    2013-10-01

    Full Text Available In order for the concept of the market to play a significant and non-contradictory role in economic (and antitrust analysis, two conditions must be fulfilled. First, the characteristics of demand must be such as to demarcate a market unequivocally. Second, the competition in a specific market must have limited interaction with the rest of the economy. In general, these conditions cannot be met. First, the non-constancy of the elasticity of the demand function means that the size of the market depends on its structure and on the behaviour of its agents. Second, given differentiated products, the competitive relations between them will be heterogeneous, giving rise to as many market segments as there are individual products. Third, supply-side substitutability, i.e. the possibility of using a given technique to produce several products (not all in the same market ensures that intra-industry economic dynamics prevail over intra-market ones. Finally, multi-market contacts between firms generate overall strategic conduct, making analysis of any particular market irrelevant.  JEL Codes: K21, L40 

  20. Health Care Efficiencies: Consolidation and Alternative Models vs. Health Care and Antitrust Regulation - Irreconcilable Differences?

    Science.gov (United States)

    King, Michael W

    2017-11-01

    health care, rather than specifics for the delivery of health care. 4 With the U.S. expenditures on health care producing inferior results, experts see consolidation and alternatives to fee-for-service as fundamental to reducing costs. 5 Integrating care coordination and delivery and increasing scale to drive efficiencies allows organizations to benefit from shared savings and relationships with payors and vendors. 6 Deloitte forecasts that, by 2024, the current health system landscape-which includes roughly 80 national health systems, 275 regional systems, 130 academic medical centers, and 1,300 small community systems-will morph into just over 900 multi-hospital systems. 7 Even though health care market and payment reforms encourage organizations to consolidate and integrate, innovators must proceed with extreme caution. Health care organizations attempting to drive efficiencies and bring down costs through mergers may run afoul of numerous federal and state laws and regulations. 8 Calls for updates or leniency in these laws are growing, including the possible recognition of an "Obamacare defense" to antitrust restrictions 9 and speculation that laws restricting physicians from having financial relationships will be repealed, ostensibly to allow sharing of the rewards reaped from coordinated care. 10 In the meantime, however, absent specific waivers or exemptions, all the usual rules and regulations apply, including antitrust constraints, 11 physician self-referral 12 and anti-kickback laws and regulations, 13 state fraud and abuse restrictions, 14 and more. In short, a maelstrom of conflicting political prescriptions, health care regulations, and antitrust restrictions undermine the ability of innovators to achieve efficiencies through joint ventures, transactions, innovative models, and other structures. This article first considers the conflicting positions taken by the United States government with respect to achieving efficiencies in health care under the ACA and

  1. United States, Europe and Poland Different Stages of Antitrust Tying War in the New Economy

    Directory of Open Access Journals (Sweden)

    Mariusz SWORA

    2006-06-01

    Full Text Available Microsoft’s case has led to heated debates, both in Europe and the United States of America, on the abuse of the dominant position and on the prohibition of tying. This discussion, both in Europe and the United States, is not finished. In this article the author presents legal implications of tying products in Europe and Poland and confronts them with the American approach to tying. In Poland, a country with a fast developing economy, with the growing level of foreign investments, discussion on monopolist practices under the conditions of a fast technological development1 has not really commenced yet. The problems of innovation and development of New Economy undertakings has gained new impetus following Poland’s accession to the European Union. It is a matter of time when the anti-trust law begins to show interest in them. There are some indications that this has already taken place. In the first part of this article the author briefly presents the discussion related to Microsoft III case in the United States insofar as it pertains to New Economy issues. The second and third parts address legal and political aspects of the Microsoft case in the European Union. In the fourth part legal aspects related to tying practices in Poland are presented. The article aims to show that instrumental and mechanical treatment of tying practices used by firms having the market power under conditions of technological progress is not proper. The problem of antitrust analysis of such practices is universal, as universal as these practices are. However, the problem is solved differently in the United States and in Europe and the reasons for such a different approach are rooted in the legal system and policy enforcement. Microsoft antitrust is global. After US and European cases, Korean competition authority has found Microsoft guilty of tying practices2. Regarding Microsoft problems with tying it is necessary to ask the question whether tying practices are

  2. The European Commission Proposal for a Directive on Antitrust Damages: A First Assessment

    NARCIS (Netherlands)

    Cauffman, C.

    2013-01-01

    On 11 June 2013 the European Commission adopted a package of instruments to facilitate damages claims by victims of antitrust damages. The main element of the package is a proposal for a directive on antitrust damages. The aim of this article is to give an overview of the content of the proposed

  3. Nuclear Regulatory Commission's antitrust review process: an analysis of the impacts

    International Nuclear Information System (INIS)

    1981-06-01

    The Nuclear Regulatory Commission's (NRC) antitrust process is reviewed and its impacts to small systems and applicant systems are studied. This process takes the form of a description of the NRC's antitrust review process as implemented, a generic categorization of potential impacts and individual case-by-case studies of four different utilities

  4. Alcuni recenti orientamenti interpretativi in tema di intersection fra PI e Antitrust

    Directory of Open Access Journals (Sweden)

    Gustavo Ghidini

    2015-10-01

    Full Text Available Recent decisions of the European Court of Justice (Astrazeneca and Italian Antitrust Authority (Pfizer suggest that even the mere acquisition – as distinguished from the exercise – of a patent (as any other IPR may amount to a misuse if the achievement thereof runs in contrast with the rules governing its entitlement; and, if the patent owner enjoys a dominant position, such patent misuse may translate into an abuse of said position under art. 102 TFEU. Cases of this type must be clearly distinguished from those where the patent has been legitimately/regularly obtained, and its holder exercises the ‘institutionally excluding’ related power against unauthorized third parties. In such cases, antitrust law comes in not to enforce a properly ‘abusive’ conduct, but to correct an objective market situation which has grown ‘excessively’ foreclosing competition – and this, thanks to the very success of the patent. A situation, and a legal solution, which bears a strong analogy of rationale with the one envisaged by art. 2597 of Italian civil code. Thus, that of ‘abuse’ is a general normative tool that is used both to adjudicate anti-competitive torts (as in the first case and to regulate an objective ‘close to monopoly’ situation occurred without any wrongdoing by the patent holder.The distinction is confirmed by the consequences. On one side, as in Astrazeneca and Pfizer, the patent holders are sanctioned (and their patent or CCP is subject to annulment; no compensation whatever of the patentee is thinkable. On the other side, in the case of the regular acquisition and intrinsically legitimate exercise of the IPR competition law imposes a duty to license it on FRAND terms: i.e., with compensation of the patent holder, fully retains his entitlement. Here, self-evidently, the patent holder has behaved lawfully -otherwise a compensation would be unthinkable! The ‘abuse’ may properly occur ex post, i.e. only if the holder

  5. APPEAL, NON-APPLICATION, JUDICIAL REVIEW ON THE ACTS OF THE PUBLIC ADMINISTRATION FOR ANTITRUST PURPOSES (NOTES TO THE CONSIGLIO DI STATO - ITALIAN SUPREME ADMINISTRATIVE COURT - JUDGMENT, SEC. VI, NO. 693/2014

    Directory of Open Access Journals (Sweden)

    Hadrian Simonetti

    2014-12-01

    Full Text Available In the effort of reconcile protection of competition and intellectual property rights, with particular reference to the pharmaceutical sector, the Pfizer case deals with legitimate patent instrumentally exercised for a purpose other than that for which it was granted. What would be a legitimate administrative measure under Italian Patent Law, combined with other conducts, in the context of a complex strategy designed to artificially delay the entry of new generic drugs competitors, is considered an excluding abuse, violating antitrust rules. If the Italian Competition Authority (ICA explicitly referred to the abuse of regulatory procedure theory applied by the EU Commission in AstraZeneca case and endorsed by ECJ, the Council of State judgment, applying as in the Coop Estense case the broader and disputed category of the “abuse of right”, represents a further development in antitrust enforcement and is expected to bring back as central issue the topic of the judicial review on the exercise of antitrust power and, with it, the recurring fear that the guarantees of defence cannot always be sufficient. The article examines this new frontier of antitrust law, with specific regard to the case of abuse of dominant position by abusing of regulations and administrative measure, showing the different remedies at disposal of the Italian Competition Authority.

  6. The Continuing Role For Antitrust Enforcement In the Electricity Sector

    OpenAIRE

    William Stallings

    2013-01-01

    William Stallings discusses some of the recent enforcement actions in the electricity sector, a highly regulated sector, where government has played an important role in enforcing competition policy. The recent “New York Capacity†cases involving a power generator and its financial services firm, includes the use of a derivative agreement to bypass merger regulation and restrain trade. As Stalling notes, this is an example of a novel liability theory used by the Antitrust Division of...

  7. Interpreting the 1996 federal antitrust guidelines for physician joint venture networks.

    Science.gov (United States)

    Hirshfeld, E

    1997-01-01

    The Statements of Antitrust Enforcement Policy in Health Care, issued by the FTC and the DOJ, dramatically change how the agencies evaluate physician joint venture networks. This article analyzes the Statements, providing useful guidance to the health lawyer.

  8. Antitrust rules and Intellectual Property Rights in the EU and the US – Towards convergence?

    Directory of Open Access Journals (Sweden)

    Mario Todino

    2014-07-01

    Full Text Available In light of the exponential increase of the number of investigations raising the issue of how to reconcile competition rules and Intellectual Property Rights (IPRs, it is now clear that the area of Antitrust/IP intersection is becoming the battleground of antitrust enforcers around the Globe. In some areas inherently prone to market power accumulation, antitrust rules tend to clash with IPRs and prevail over the latter, for the intensity in the application of competition rules increasingly depends on the strength of the IPRs at stake, as well as on the sector involved. Information Communication Technology and Pharmaceuticals are the sectors most affected by this trend, as they both display specific market features calling for intensive antitrust scrutiny. Surprisingly enough, in these areas the EU and the US agencies are heading towards convergence, in light of the decisions taken in cases such as the judicial injunctions sought by FRAND-pledged SEPs holders and the reverse settlements in the Pharma sector. The purpose of this article is to show that in those areas more exposed to tension between antitrust and IP rules, there is an increasing level of convergence between the US and the EU. In particular, it is submitted that, like in the EU, the US is departing from the traditional symmetry principle under which antitrust rules are applied to IPRs exactly the same way as other property rights. In this new framework, inconsistency is more likely to come from the enforcement activity of NCAs across Europe.

  9. RECENT CJEU CASE LAW TRENDS IN COMPETITION LAW

    Directory of Open Access Journals (Sweden)

    Virgilijus Valančius

    2017-12-01

    Full Text Available The objective of this article is to present the most significant recent case law of the Court of Justice of the European Union (CJEU related to the competition law. Firstly, focus is given to some recent CJEU case law in the antitrust area, i.e. the judgments dealing with the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU. A special attention is paid to the most recent CJEU case law analyzing the distinction between the object and effect of the prevention, restriction or distortion of competition. Secondly, some significant State aid cases are dealt with, i.e. the cases related to the application of Article 107 TFEU. Although the CJEU case law has not recently undergone major changes in the competition law field, the article reflects the main trends towards the current jurisprudence and what challenges may be expected in the future.

  10. Law and Marketing: Implications for the Secondary Curriculum.

    Science.gov (United States)

    Beck-Dudley, Caryn L.; Stull, William A.

    1990-01-01

    Provides a basic understanding of some of the legal issues that should be included in a secondary education marketing curriculum. Teaching legal concepts in the areas of contract, antitrust, agency, employment law, and finance is an excellent way to introduce students to legal problems they may encounter in business. (Author)

  11. Joint ventures e a política antitruste brasileira

    Directory of Open Access Journals (Sweden)

    Ana Paula Avellar

    2012-12-01

    Full Text Available As políticas de defesa da concorrência integram atualmente o conjunto fundamental de instituições necessárias à promoção do crescimento e a busca das sociedades por arranjos mais eficientes. O presente trabalho tem como objetivo realizar uma análise da política antitruste brasileira concentrando-se no tratamento dado pelas autoridades à constituição de joint ventures. Na realização dessa tarefa, foram feitas revisões teóricas, constatações acerca dos procedimentos de autoridades internacionais sobre o assunto e um estudo empírico abordando casos julgados no Brasil entre os anos de 2002 e 2010. O resultado encontrado revela a inexistência de normatização específica para o tratamento das joint ventures no Brasil, culminando, assim, em uma relativa discricionariedade por parte dos órgãos do SBDC na análise desses atos.

  12. The impact of European antitrust policy : Evidence from the stock market

    NARCIS (Netherlands)

    A. Günster (Andrea); M.A. van Dijk (Mathijs)

    2016-01-01

    markdownabstractWe evaluate the impact of European antitrust policy by analyzing the stock market response to investiga-tion announcements, infringement decisions, and appeals for 253 companies involved in 118 Europeanantitrust cases over 1974–2004. We find significantly negative stock price

  13. 75 FR 39285 - Tennessee Valley Authority; Notice of Receipt of Updated Antitrust Information and Opportunity...

    Science.gov (United States)

    2010-07-08

    ... is whether significant changes have occurred in TVA's activities, from an antitrust perspective... Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRC's public documents. If you do not have access to ADAMS or if there are problems in accessing the documents...

  14. Private regulation to appropriate value from design innovations : Implications for anti-trust policy

    NARCIS (Netherlands)

    Gemser, G.; Jacobs, D.

    2002-01-01

    Co-operative ventures among rivals are looked upon in general with suspicion by antitrust authorities. In this paper, we position ourselves in the school of thought that evaluates collusive behavior among rivals with the Schumpeterian concept of dynamic competition in mind rather than the concept of

  15. Obligations to power supply and Antitrust Law of the European Community; Strombezugsverpflichtungen und EG-Kartellverbot

    Energy Technology Data Exchange (ETDEWEB)

    Lerch, Dirk

    2008-07-01

    In the European electricity supply industry, a change to competition-oriented national markets under development of a common European electricity market is observed for some years. Under this aspect, the author of the contribution under consideration reports on obligations to the current power supply and on the trust prohibition in the European Community. The contribution under consideration consists of the following three chapters: (a) Discussion of fundamental questions regarding to cartel legal evaluation of obligations to power supply; (b) Conditions of the art. 81 sect. 1 EEC and application to obligations for power supply; (c) Exemption from the obligation to power supply according to art. 1 sect. 3 EEC. In particular, the regulation of the group exemption for vertical agreements of 22nd December, 1999, is considered.

  16. Analysis of the Properties of Current Penalty Schemes for Violations of Antitrust Law

    NARCIS (Netherlands)

    Motchenkova, E.; Kort, P.M.

    2004-01-01

    The main feature of the penalty schemes described in current sentencing guidelines is that the fine is based on the accumulated gains from cartel or price-fixing activities for the firm.These gains are usually difficult to estimate, but they can be approximated by a fraction of the turnover.The

  17. Competition Law and High-Tech Markets : Conventional Antitrust Thinking Revisited?

    NARCIS (Netherlands)

    Ilan, Y.

    2007-01-01

    Knowledge-based industries, often labelled 'high-technology' or 'new economy' have grown in economic significance over the past few decades and have dramatically changed our living standards. These markets typically possess a range of common characteristics, most notably globalisation of businesses,

  18. Handbook on German-Russian energy law; Handbuch zum deutsch-russischen Energierecht

    Energy Technology Data Exchange (ETDEWEB)

    Saecker, Franz Juergen (ed.) [Freie Univ. Berlin (Germany)

    2010-07-01

    The handbook under consideration offers a comparative presentation of the energy law in Russia and in the Federal Republic of Germany and would like to promote an approach of the energy legal regulations of the two states and the European Union. The handbook covers the entire legal problems from the exploration over the production and transport from energy resources up to the processing and consumption. The handbook considers not only the energy economy law, the energy antitrust law, the energy contractual law and the energy environment law, but also refers to the atomic law and the mining law in the presentation of the energy right.

  19. Preferred provider organizations: antitrust aspects and implications for the hospital industry.

    Science.gov (United States)

    Batavia, A I

    1984-01-01

    The hospital industry is currently undergoing a substantial transformation as a result of changes in third party reimbursement mechanisms and a tendency toward a more competitive economic environment. Hospital administrators will have to demonstrate substantial flexibility in considering and implementing innovative institutional arrangements to ensure survival in this time of austerity. The Preferred Provider Organization (PPO) is a recent development in the health care industry involving the selective contracting for health care services. This Article examines the role of section 1 of the Sherman Antitrust Act in scrutinizing the PPO for anticompetitive effects, considering the divergent requisites for competition in the health care sector. The Article also proposes a modified Rule of Reason for application to the PPO and other innovative cost containment arrangements in the industry and considers the implications of such flexible application of conventional antitrust principles for the future of the hospital industry.

  20. Sequential Versus Simultaneous Market Delineation: The Relevant Antitrust Market for Salmon

    DEFF Research Database (Denmark)

    Haldrup, Niels; Peter, Møllgaard

    Delineation of the relevant market forms a pivotal part of most antitrust cases. The standard approach is sequential. First the product market is delineated, then the geographical market is defined. Demand andsupply substitution in both the product dimension and the geographical dimension will no...... and geographical markets. Using a unique data set for prices of Norwegian and Scottish salmon, we propose a methodology for simultaneous market delineation and we demonstrate that compared to a sequential approach conclusions will be reversed.......Delineation of the relevant market forms a pivotal part of most antitrust cases. The standard approach is sequential. First the product market is delineated, then the geographical market is defined. Demand andsupply substitution in both the product dimension and the geographical dimension...

  1. Efficiency Gains and Myopic Antitrust Authority in a Dynamic Merger Game

    OpenAIRE

    MOTTA, Massimo; VASCONCELOS, Helder

    2003-01-01

    This Paper models a sequential merger formation game with endogenous efficiency gains in which every merger has to be submitted for approval to the Antitrust Authority (AA). Two different types of AA are studied: first, a myopic AA, which judges a given merger without considering that subsequent mergers may occur; and, second, a forward-looking AA, which anticipates the ultimate market structure a given merger will lead to. By contrasting the decisions of these two types of AA, merger policy ...

  2. Antitrust Enforcement in the Electricity and Gas Industries: Problems and Solutions for the EU

    International Nuclear Information System (INIS)

    Leveque, Francois

    2006-01-01

    Antitrust enforcement in the electricity and gas industries raises specific problems that call for specific solutions. Among the issues: How can the anticompetitive effects of mergers be assessed in a changing regulatory environment? Should long-term agreements in energy purchasing be prohibited? What are the benefits of preventive action such as competition advocacy and market surveillance committees? Should Article 82 (a) of the EC Treaty be used to curb excessive pricing?. (author)

  3. The Effects Of Competition Policy: Merger Approval, Entry Barrier Removal, Antitrust Enforcement Compared

    OpenAIRE

    Svetlana B. Avdasheva; Dina V. Tsytsulina

    2014-01-01

    There is little evidence on the comparative effectiveness of different competition policy measures, especially in transition economies. This research represents the effort to expand the financial event study method for the assessment of different competition policy measures: merger control, antitrust investigations on abuse of dominance, and changes of import tariffs in the Russian ferrous and non-ferrous metals markets from 2007 to 2012. According to the reaction of financial market, mergers...

  4. Assembled Products: The Key to More Effective Competition And Antitrust Oversight in Health Care.

    Science.gov (United States)

    Sage, William M

    2016-01-01

    This Article argues that recent calls for antitrust enforcement to protect health insurers from hospital and physician consolidation are incomplete. The principal obstacle to effective competition in health care is not that one or the other party has too much bargaining power, but that they have been buying and selling the wrong things. Vigorous antitrust enforcement will benefit health care consumers only if it accounts for the competitive distortions caused by the sector's long history of government regulation. Because of regulation, what pass for products in health care are typically small process steps and isolated components that can be assigned a billing code, even if they do little to help patients. Instead of further entrenching weakly competitive parties engaged in artificial commerce, antitrust enforcers and regulators should work together to promote the sale of fully assembled products and services that can be warranted to consumers for performance and safety. As better products emerge through innovation and market entry, competition may finally succeed at lowering medical costs, increasing access to treatment, and improving quality of care.

  5. Physician Practice Consolidation Driven By Small Acquisitions, So Antitrust Agencies Have Few Tools To Intervene.

    Science.gov (United States)

    Capps, Cory; Dranove, David; Ody, Christopher

    2017-09-01

    The growing concentration of physician markets throughout the United States has been raising antitrust concerns, yet the Department of Justice and the Federal Trade Commission have challenged only a small number of mergers and acquisitions in this field. Using proprietary claims data from states collectively containing more than 12 percent of the US population, we found that 22 percent of physician markets were highly concentrated in 2013, according to federal merger guidelines. Most of the increases in physician practice size and market concentration resulted from numerous small transactions, rather than a few large transactions. Among highly concentrated markets that had increases large enough to raise antitrust concerns, only 28 percent experienced any individual acquisition that would have been presumed to be anticompetitive under federal merger guidelines. Furthermore, most acquisitions were below the dollar thresholds that would have required the parties to report the transaction to antitrust authorities. Under present mechanisms, federal authorities have only limited ability to counteract consolidation in most US physician markets. Project HOPE—The People-to-People Health Foundation, Inc.

  6. Comment on recent developments in the law relating to uranium

    International Nuclear Information System (INIS)

    Bobeff, P.A.

    1981-01-01

    The conflict of law between countries engaged in international trade is considered. Reference is made to the United States antitrust laws and in particular to the Westinghouse litigation where an American plaintiff company sought damages from foreign countries for activities which were undertaken outside the United States and which allegedly affected the price of uranium concentrates in the United States. A second issue discussed concerns the power of the Northern Territory legislature to make laws relating to the uranium mining industry in the Territory given that the Commonwealth retains the ownership of prescribed substances including uranium

  7. Beyond Antitrust: Health Care And Health Insurance Market Trends And The Future Of Competition.

    Science.gov (United States)

    Glied, Sherry A; Altman, Stuart H

    2017-09-01

    The United States relies on competition to balance costs and quality in the health care system. But concentration is increasing throughout the hospital, physician, and insurer markets. Midsize community hospitals face declining demand and growing competition from both larger hospitals and smaller freestanding diagnostic and surgical centers, leaving the midsize hospitals vulnerable to closure or merger with other facilities. Competition among insurers has been limited by the development of hospital systems that extend the bargaining power of "must-have" hospitals (those perceived to provide the best care for complex and less common conditions) across local health care markets. Government antitrust enforcement could play an important role in maintaining competition in both the hospital and insurer markets, but in many markets, the impact of that enforcement has been limited to date. Policy makers should consider supplementing antitrust activities with strategies that combine competition and regulation-for example, by regulating selected prices and structuring competition to cover entire insurance markets. Project HOPE—The People-to-People Health Foundation, Inc.

  8. The Interface Between EU Competition Law and Standard Essential Patents

    DEFF Research Database (Denmark)

    Lundqvist, Björn

    2015-01-01

    In this paper the recent ECJ judgment in Huawei is discussed in light of the earlier case law from the EU and the US. The Huawei case has been long awaited and many in academia hoped that it would finally deliver answers to if, when and on what terms access to so-called Standard Essential Patents...... would be granted under EU antitrust law. However, the question is whether Huawei is that case. On the contrary, it seems that the ECJ ruling gives room for speculation even in reference to core issues, some of which are dealt with in this paper....

  9. Copyright and the Antitrust--A New Amended Judgment for ASCAP and BMI? CBS v. ASCAP Remanded.

    Science.gov (United States)

    Mercer, Jean W.

    1978-01-01

    The licensing for public performance of copyrighted musical compositions by a performing rights society to the television industry is examined. Focus is on the antitrust problems of the American Society of Composers, Authors and Publishers (ASCAP) and the most recent litigation, CBS vs ASCAP. (JMD)

  10. 49 CFR 1331.5 - Additional standards for retaining antitrust immunity by passenger bus industry rate bureaus.

    Science.gov (United States)

    2010-10-01

    ... immunity by passenger bus industry rate bureaus. 1331.5 Section 1331.5 Transportation Other Regulations... standards for retaining antitrust immunity by passenger bus industry rate bureaus. (a) Rate bureaus must... tariff structure modifies in a relatively non-uniform fashion the relationship between most rates...

  11. European Union Antitrust Enforcement against Cartels – Priorities in the Context of Globalisation of Business and Economic Crisis

    Directory of Open Access Journals (Sweden)

    Iordache Lucia

    2014-07-01

    Full Text Available In the context of globalisation and EU member states’ efforts to overcome the difficulties of the economic crisis, realising the full potential of the Single Market is the main component of a credible plan for higher and sustainable growth in the EU. Competition policy is the central pillar of the Single Market. A strong antitrust enforcement, especially fighting cartels and preventing the creation of new ones, is at the core of open and fair pan-European markets, higher productivity and growth across Europe. This article summarizes the activities of the European Commission for the investigation and sanctioning of companies involved in cartels, focusing on the effectiveness of preventive policy of the Commission in antitrust enforcement, reflected in particular by the evolution of the fines imposed in cartel cases. The analysis outlines how antitrust policy contributes to strengthening the single market and the EU economic growth and examines the challenges for the implementation of antitrust policy caused by the changes in the dynamics and complexity of the economic environment, at the national and international level.

  12. Gold Mine or Minefield: Understanding Russian Law on Vertical Restraints

    Directory of Open Access Journals (Sweden)

    Valentina Rucker

    2015-02-01

    Full Text Available While the Russian Federation represents a significant opportunity for growth, that opportunity is coupled with serious risks. As it relates to managing product distribution, Russian vertical restraint law remains significantly more restrictive than that of the U.S. and, since unless a company is fully integrated, it must manage its distribution system by way of vertical agreements, presents a large problem for businesses seeking to conduct business in Russia. While Russia has made significant steps in the right direction, the lack of consistent application of economic analysis to evaluation of vertical restraints leaves companies exposed. Further, the sometimes inconsistent application of the laws also makes it hard to predict how any particular vertical agreement would be evaluated. Neither American nor Russian antitrust laws establish a list of possible vertical restraints. Thus, there is no exhaustive guidance regarding how these restraints should be treated. U.S. antitrust laws, however, generally place all vertical restraints into one of two categories, intrabrand restraints and interbrand restraints. Intrabrand restraints are those that restrain the downstream firm’s freedom with regard to the resale of the product at issue (distribution restrictions. Interbrand restraints are those that restrict a downstream or upstream firm’s freedom to deal with competitors of the firm imposing the restraint (interbrand restrictions. It should be noted that Russian law does not make this distinction.

  13. Gold Mine or Minefield: Understanding Russian Law on Vertical Restraints

    Directory of Open Access Journals (Sweden)

    Valentina Rucker

    2014-01-01

    Full Text Available While the Russian Federation represents a significant opportunity for growth, that opportunity is coupled with serious risks. As it relates to managing product distribution, Russian vertical restraint law remains significantly more restrictive than that of the U.S. and, since unless a company is fully integrated, it must manage its distribution system by way of vertical agreements, presents a large problem for businesses seeking to conduct business in Russia. While Russia has made significant steps in the right direction, the lack of consistent application of economic analysis to evaluation of vertical restraints leaves companies exposed. Further, the sometimes inconsistent application of the laws also makes it hard to predict how any particular vertical agreement would be evaluated. Neither American nor Russian antitrust laws establish a list of possible vertical restraints. Thus, there is no exhaustive guidance regarding how these restraints should be treated. U.S. antitrust laws, however, generally place all vertical restraints into one of two categories, intrabrand restraints and interbrand restraints. Intrabrand restraints are those that restrain the downstream firm’s freedom with regard to the resale of the product at issue (distribution restrictions. Interbrand restraints are those that restrict a downstream or upstream firm’s freedom to deal with competitors of the firm imposing the restraint (interbrand restrictions. It should be noted that Russian law does not make this distinction.

  14. Financial Integration and Tax Efficiency –Premises of Antitrust Policy and Economic Growth

    Directory of Open Access Journals (Sweden)

    Mihai Mărginean

    2016-01-01

    Full Text Available The aims of this paper is to highlight the relationship between financial integration, taxation and anti-monopoly policy.We will focus on the arguments that come to strengthen that the effectiveness of anti-monopoly policy depends on effective measures in the area of taxation and hence the effects of taxation. Basically, in our analysis, we built a research that stressed the importance of interplay between the variables involved and the objective of economic growth. Noting that the public income and expeenditures (item that showing the importance of administration sector in the economy, depends on effective antitrust policy. For this analysis, we used data between 2008 and 2014 from the Competition Council and Eurostat.

  15. Control of grid user payment. Antitrust legal standards of control for the examination of grid user payments of the german operators of electricity distribution networks in the system of the negotiated grid access; Netznutzungsentgeltkontrolle. Kartellrechtliche Kontrollmassstaebe fuer die Ueberpruefung von Netznutzungsentgelten der deutschen Elektrizitaetsverteilungsnetzbetreiber im System des verhandelten Netzzungangs

    Energy Technology Data Exchange (ETDEWEB)

    Stappert, H.

    2007-07-01

    For years their exists a controversy concerning to the permissible height of payments for the use of distribution networks in the electricity supply in the system of the negotiated grid access. Under this aspect, the author of the contribution under consideration reports on antitrust legal standards of control for the examination of grid user payments of the German operators of electricity distribution networks. The main aspects are: test standard; relation to energy law; market demarcation; position of the norm receiver; control methods; spatial comparison of interior prices; control of costs.

  16. Environmental law

    International Nuclear Information System (INIS)

    Bender, B.; Sparwasser, R.

    1988-01-01

    Environmental law is discussed exhaustively in this book. Legal and scientific fundamentals are taken into account, a systematic orientation is given, and hints for further information are presented. The book covers general environmental law, plan approval procedures, protection against nuisances, atomic law and radiation protection law, water protection law, waste management law, laws on chemical substances, conservation law. (HSCH) [de

  17. 50 Años de política antitrust comunitaria

    Directory of Open Access Journals (Sweden)

    Fernando Diez Estella

    2013-07-01

    Full Text Available Este artículo se realiza, al cumplir 50 años del Tratado de Roma el balance de la que comenzó siendo la Comunidad Económica y que hoy es la Unión Europea, a partir del análisis de la política de defensa de la competencia o política «antitrust» comunitaria. Bajo este marco retomaron temas como los fines del derecho comunitario de la competencia, el proceso de modernización la relación entre el derecho interno y la legislación comunitaria. Por otra parte, reconsiderando los acuerdos, decisiones y prácticas concertadas entre empresas, los tipos de convenios, efectos, excepciones y procedimientos, así como otros temas de interés relacionados con la competencia de las empresas en el marco de la Legislación de la Unión Europea. Política antitrus, competencia,

  18. Economic and institutional dynamics of electricity markets deregulation: the interaction between sectoral regulation and antitrust policy

    International Nuclear Information System (INIS)

    Fontanel, B.

    2009-01-01

    The purpose of this study is to define regulatory intervention as a part of a global monitoring procedure allowing the definition and adaptation of market structures and rules, given the observed behavior of market participants. Nevertheless, the possible inefficiency in its (decisional) coordination with competition authorities implies further analysis. We thus adopt a comparative methodology based on the studying PJM and NETA wholesale markets. This analysis enables us to stress two possible 'models' in the distribution and coordination of monitoring powers. The first one privileges a strong 'informational coordination' between the sectoral regulator and the Transmission System Operator. By contrast, the second model is characterized by a constrained informational coordination, leading to a greater 'decisional convergence' between regulatory intervention and antitrust policy. Lastly, we put these conclusions into perspective with the specific issue of the achievement of an efficient and integrated European market for electricity. In particular, we stress the need for a single regulatory agency, which should be given autonomous decisional powers in the adoption of regional markets reform initiatives (author)

  19. Business Law

    DEFF Research Database (Denmark)

    Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke

    Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law...

  20. A economia das firmas cooperadas e a análise antitruste*

    Directory of Open Access Journals (Sweden)

    Luiz A. Esteves

    2015-12-01

    Full Text Available Resumo A literatura econômica tem despendido décadas de esforço analítico para fornecer evidências teóricas e empíricas acerca das diferenças de comportamento entre as firmas gerenciadas pelo capital (firmas capitalistas convencionais e firmas gerenciadas pelo trabalho (inclui as cooperativas e associações de profissionais, principalmente no que diz respeito aos seus objetivos. As firmas capitalistas convencionais objetivam a maximização dos lucros, enquanto que as firmas cooperadas objetivam a estabilidade do emprego e do produto. A política antitruste tem replicado o mesmo tratamento despendido às firmas capitalistas convencionais para os casos envolvendo as firmas cooperadas. Tal decisão pode aumentar a probabilidade de ocorrências de erros do tipo I e do tipo II. Esse problema se torna menor quando os casos envolvem "falsas cooperativas". Em termos de política pública, a conclusão do presente artigo é de que uma concentração ou coordenação entre cooperados de fato ou profissionais não é, per se, condição necessária e suficiente para causar dano concorrencial. As especificidades destes tipos de organizações demandam análise específica e a aplicação da regra da razão. Finalmente, o artigo fornece uma proposta de filtro para distinção entre firmas cooperadas de fato e de cartéis disfarçados de cooperativas.

  1. Environmental law

    International Nuclear Information System (INIS)

    Ketteler, G.; Kippels, K.

    1988-01-01

    In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST) [de

  2. Confinement of the antitrust control of abuse in the energy sector. At the same time comment to OLG Duesseldorf from 19th October, 2011. Reference VI-3 Kart 1/11 (V) - GAG Ahrensburg; Grenzen der kartellrechtlichen Missbrauchskontrolle im Energiebereich. Zugleich Anmerkung zu OLG Duesseldorf v. 19.10.2011. Az. VI-3 Kart 1/11 (V) - GAG Ahrensburg

    Energy Technology Data Exchange (ETDEWEB)

    Weyer, Hartmut [Technische Univ. Clausthal, Clausthal-Zellerfeld (Germany)

    2012-10-15

    Up to the amendment of the Energy Economy Law (EnWG) 2005 the legislator permitted parallel applicability of the Energy Economy law as well as the Restriction of Competition (GWB) to energy situations. Based on the GWB, especially in procedures by competition authorities key decisions on the reliable behaviour of operators of power distribution systems and natural gas distribution systems were disposed. This approach was restricted by the amendment of the EnWG 2005 with the introduction of paragraph 111 EnWG. In compliance with this, this restriction was implemented in paragraph 130 sect. 3 GWB. From now on, paragraph 111 Sect. 1 and 2 EnWG exclude the antitrust control of abuse according to the paragraphs 19, 20 and 29 GWB. With this, the competence of the cartel authorities are excluded in favour of the regulatory legal prescriptions of the EnWG.

  3. Criminal Law

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    <> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....

  4. World law

    Directory of Open Access Journals (Sweden)

    Harold J. Berman

    1999-03-01

    Full Text Available In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the world's environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities.

  5. LIMITATIONS OF EU COMPETITION LAW AND THEIR INFLUENCE ON RECIDIVISM AND DETERRENCE: ANALYSIS OF THE CONVENIENCE OF A PENAL APPROACH TO CARTELS

    Directory of Open Access Journals (Sweden)

    Amaya ANGULO GARZARO

    2014-05-01

    Full Text Available Competition law seeks to foster competition and innovation through the sanctioning of antitrust behavior, and it especially seeks to discourage the creation of hardcore cartels. To that effect, the European Union imposes administrative sanctions to cartels, whereas the United States use their penal system against them. This paper will analyze the advantages and limitations of each option, and will determine whether it would be more effective for the European Union to also use its penal system against cartels.

  6. Law Studies

    Directory of Open Access Journals (Sweden)

    G. P. Tolstopiatenko

    2014-01-01

    Full Text Available At the origin of the International Law Department were such eminent scientists, diplomats and teachers as V.N. Durdenevsky, S.B. Krylov and F.I. Kozhevnikov. International law studies in USSR and Russia during the second half of the XX century was largely shaped by the lawyers of MGIMO. They had a large influence on the education in the international law in the whole USSR, and since 1990s in Russia and other CIS countries. The prominence of the research of MGIMO international lawyers was due to the close connections with the international practice, involving international negotiations in the United Nations and other international fora, diplomatic conferences and international scientific conferences. This experience is represented in the MGIMO handbooks on international law, which are still in demand. The Faculty of International Law at MGIMO consists of seven departments: Department of International Law, Department of Private International and Comparative Law; Department of European Law; Department of Comparative Constitutional Law; Department of Administrative and Financial Law; Department of Criminal Law, Department Criminal Procedure and Criminalistics. Many Russian lawyers famous at home and abroad work at the Faculty, contributing to domestic and international law studies. In 1947 the Academy of Sciences of the USSR published "International Law" textbook which was the first textbook on the subject in USSR. S.B. Krylov and V.N. Durdenevsky were the authors and editors of the textbook. First generations of MGIMO students studied international law according to this textbook. All subsequent books on international law, published in the USSR, were based on the approach to the teaching of international law, developed in the textbook by S.B. Krylov and V.N. Durdenevsky. The first textbook of international law with the stamp of MGIMO, edited by F.I. Kozhevnikov, was published in 1964. This textbook later went through five editions in 1966, 1972

  7. Environmental law

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (HSCH) [de

  8. International law

    CERN Document Server

    Shaw, Malcolm N

    2017-01-01

    International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.

  9. World law

    OpenAIRE

    Harold J. Berman; Robert W. Woodruff; James Barr Ames

    1999-01-01

    In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the ...

  10. Darwin's laws.

    Science.gov (United States)

    Haufe, Chris

    2012-03-01

    There is widespread agreement among contemporary philosophers of biology and philosophically-minded biologists that Darwin's insights about the intrusion of chance processes into biological regularities undermines the possibility of there being biological laws. Darwin made references to "designed laws." He also freely described some laws as having exceptions. This paper provides a philosophical analysis of the notion of scientific laws that was dominant in Darwin's time, and in all probability the one which he inherited. The analysis of laws is then used to show how it could have been natural for Darwin to believe in designed laws that had exceptions, and to highlight the continuity between the metaphysics of pre-Darwinian, Darwinian, and contemporary biological science. One important result is the removal of one motivation for the anti-laws sentiment in philosophy and biology. Copyright © 2011 Elsevier Ltd. All rights reserved.

  11. Competition Law and the Nuclear Sector: An EU Outlook

    International Nuclear Information System (INIS)

    Sousa Ferro, M.

    2010-01-01

    Competition law essentially aims at preventing harmful distortions of competition in the market which may be caused by agreements between companies, by the abusive behaviour of dominant companies, by structural changes in the market due to mergers or by state aid.1 However, often such practices and measures are actually necessary to render certain services viable, to obtain new or better products, to pursue other policies for the greater benefit of the collective, etc. Occasionally, this raises interesting issues in the nuclear sector. This paper aims to provide European competition law practitioners with a summary of the leading legal issues and precedents in this domain, alerting them to relevant specifics. It also aims to introduce nuclear lawyers to the reality and potential of antitrust enforcement in this sector. For the purposes of this paper, the 'nuclear sector' shall be broadly defined so as to include any activity which, given its link to nuclear energy or to ionizing radiation, is (at least partially) subject to special regulation under nuclear law. While many nuclear-related activities will not, in principle, require a special analysis beyond the usual parameters of competition law enforcement, others present distinct challenges to practitioners. Some of these challenges are specific to the European legal order and justify the restriction of the scope of this analysis to the European Union. That being said, the extensive harmonization of the national competition law of member states, as well as the fact that national competition authorities are required to enforce EU competition law, makes it advisable to look simultaneously at European-wide and national antitrust enforcement. The relationship between EU competition law and the nuclear sector remains somewhat shrouded in mystery - perhaps excessively so. The issue has been tackled to some extent in general works on competition law and energy law. As one would expect, research developed in the framework

  12. Environmental law

    International Nuclear Information System (INIS)

    Kloepfer, M.

    1989-01-01

    This comprehensive reference book on environmental law and practice also is a valuable textbook for students specializing in the field. The entire law on pollution control and environmental protection is presented in an intelligent system, covering the latest developments in the Federal and Land legislation, public environmental law, and the related provisions in the fields of civil law and criminal law. The national survey is rounded up by information concerning the international environmental law, environmental law of the European Communities, and of other foreign countries as e.g. Austria and Switzerland. The author also reviews conditions in neighbouring fields such as technology and labour law, environmental economy, environmental policy. Special attention is given to current topics, as e.g. relating to genetic engineering, disused landfills or industrial sites, soil protection, transport of hazardous goods, liability for damage to forests, atomic energy law, and radiation protection law. The latest publishing dates of literature and court decisions considered in the book are in the first months of 1989. (RST) [de

  13. Anti-trust control of power prices; Kartellrechtliche Kontrolle von Strompreisen

    Energy Technology Data Exchange (ETDEWEB)

    Becker, Peter [Becker Buettner Held, Marburg (Germany)

    2009-01-15

    The European Commission (Bruessel, Belgium) intensively examined the question, whether electricity tariffs in Germany are formed abusively formed. For this, the centres of the four German energy utilities were examined in the year 2006. A billions-worth penalty against E.ON AG (Duesseldorf, Federal Republic of Germany) could be avoided, because E.ON AG committed itself to the sale of the high-voltage power supply grid and to the sale of power plant capacities. In the Federal Republic of Germany, only few things are done according to the control of electricity tariffs, although the legislator has given an incentive with paragraph 29 of the Law against Restraints of Competition. The author of the contribution under consideration examines the cartel law situation regarding to the price formation at the stock exchange and discusses an increased transparency.

  14. Lindy's Law

    Science.gov (United States)

    Eliazar, Iddo

    2017-11-01

    Aging means that as things grow old their remaining expected lifetimes lessen. Either faster or slower, most of the things we encounter in our everyday lives age with time. However, there are things that do quite the opposite - they anti-age: as they grow old their remaining expected lifetimes increase rather than decrease. A quantitative formulation of anti-aging is given by the so-called ;Lindy's Law;. In this paper we explore Lindy's Law and its connections to Pareto's Law, to Zipf's Law, and to socioeconomic inequality.

  15. Case law

    International Nuclear Information System (INIS)

    2016-01-01

    This section treats of the following case laws: 1 - Case Law France: Conseil d'etat decision, 22 February 2016, EDF v. Republic and Canton of Geneva relative to the Bugey nuclear power plant (No. 373516); United States: Brodsky v. US Nuclear Regulatory Commission, 650 Fed. Appx. 804 (2. Cir. 2016)

  16. Law 302.

    Science.gov (United States)

    Manitoba Dept. of Education, Winnipeg.

    This publication outlines a law course intended as part of a business education program in the secondary schools of Manitoba, Canada. The one credit course of study should be taught over a period of 110-120 hours of instruction. It provides students with an introduction to the principles, practices, and consequences of law with regard to torts,…

  17. Case - Case-Law - Law

    DEFF Research Database (Denmark)

    Sadl, Urska

    2013-01-01

    Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from...

  18. Private law

    DEFF Research Database (Denmark)

    working and researching in the key areas of law, security and privacy in IT, international trade and private law. Now, in 2010 and some seven conferences later, the event moves to Barcelona and embraces for the first time the three conference tracks just described. The papers in this work have all been...... and continue to offer an informed and relevant contribution to the policy making agenda. As Chair of the Conference Committee, I am once more very proud to endorse this work "Private Law: Rights, Duties & Conflicts" to all those seeking an up to date and informed evaluation of the leading issues. This work...

  19. Nuclear law

    International Nuclear Information System (INIS)

    Zwam, H.J. van

    1985-01-01

    A description is given of international and Dutch-national atomic energy law. Attention is paid to regulations relevant to industry, as well as to relationships between national and international regulations. First, international law is considered, namely the Euratom Treaty, Euratom institutes and tasks of Euratom. Next, the Dutch-national legislation is discussed with respect to nuclear fuels, ores and security of State (Defence interests). Regulations concerning radioactive materials in working rooms and instruments, personnel dosimetry and safety measures are discussed. Finally, authority control on rule observance and penal uphold of nuclear law is considered. (G.J.P.)

  20. Broadcasting football rights in Brazil: the case of Globo and "Club of 13" in the antitrust perspective

    Directory of Open Access Journals (Sweden)

    César Mattos

    2012-06-01

    Full Text Available In 2010, the Brazilian Antitrust Authority -CADE- concluded an agreeement with Globo and the "Club of 13" on a three-year deal for the exclusive broadcasting rights to all Brazilian Football League (BFL games spanning the five principal media platforms: free-to-air TV, pay TV, Pay per View, Internet and Mobile. The deal eliminates competition in broadcasting of Brazilian League games (primarily other networks, including Record, SBT, ESPN, etc., reducing "competition in the market." However, it is plausible to assume that exclusivity can bring efficiencies to the market by ensuring a return on investments. In addition, the sale of broadcasting rights accounts for nearly 40% of the revenues of Brazilian clubs. Banning exclusivity will likely reduce revenues and dampen sector efficiency. However, the contract included a preference clause for Globo that adversely affected "competition for the market." Globo abandoned the preference clause under the agreement. Another important provision of the agreement was the requirement that the Club of 13 auction the five media platforms separately. This article examines the economic rationale of the agreement and provides a brief analysis of the main lessons arising from the fragmentation of negotiations in 2011.

  1. Private law

    DEFF Research Database (Denmark)

    working and researching in the key areas of law, security and privacy in IT, international trade and private law. Now, in 2010 and some seven conferences later, the event moves to Barcelona and embraces for the first time the three conference tracks just described. The papers in this work have all been...... and continue to offer an informed and relevant contribution to the policy making agenda. As Chair of the Conference Committee, I am once more very proud to endorse this work "Private Law: Rights, Duties & Conflicts" to all those seeking an up to date and informed evaluation of the leading issues. This work......When the International Association of IT Lawyers (IAITL) held its first international conference in 2006 in Hamburg, it could never have been envisaged just how successful the programme would become as a firm 'not to be missed' date of the calendar of increasing numbers of academics and others...

  2. O agente econômico e suas relações: Identificando concorrentes na política antitruste

    Directory of Open Access Journals (Sweden)

    Gustavo Gomes Onto

    Full Text Available Resumo Baseado em uma etnografia realizada no órgão governamental de defesa da concorrência do Brasil, o Conselho Administrativo de Defesa Econômica (Cade, este artigo explica a necessidade de se identificar agentes concorrentes na análise empreendida pela autarquia e descreve como essa identificação foi realizada em uma recente aquisição empresarial no setor de educação superior privada. Essa prática de identificação, comum nos casos antitruste de “atos de concentração”, como fusões ou aquisições empresariais, tem se tornado mais complexa devido à maior financeirização da economia, pois diversas empresas estão interconectadas por meio de uma rede nem sempre explícita de relações de propriedade e/ou controle empresariais, que inclui pessoais físicas e jurídicas. O artigo descreve alguns procedimentos de investigação utilizados para visualizar e conceber um concorrente de mercado nesse novo contexto. Pretende-se, com essa descrição, demonstrar o modo como certas práticas governamentais de conhecimento – neste caso, relativas à regulação legal da concorrência – produzem agentes econômicos, indicando a existência de uma diversidade, nem sempre considerada na sociologia ou antropologia, de formas de agenciamento que perpassam e formatam a vida econômica.

  3. Case law

    International Nuclear Information System (INIS)

    Anon.

    1999-01-01

    This paper gives and analyses three examples of case law: decision rejecting application to close down Tomari nuclear power plant (Japan); judgement by the Supreme Administrative Court on the closing of Barsebaeck (Sweden); litigation relating to the Department of Energy's obligations under the Nuclear Waste Policy Act to accept spent nuclear fuel and high-level radioactive waste (United States). (A.L.B.)

  4. Case law

    International Nuclear Information System (INIS)

    2015-01-01

    This section treats of the two following case laws: Slovak Republic: Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant; United States: Judgment of the Nuclear Regulatory Commission denying requests from petitioners to suspend final reactor licensing decisions pending the issuance of a final determination of reasonable assurance of permanent disposal of spent fuel

  5. Business Law

    OpenAIRE

    Marson, James; Ferris, Katy

    2016-01-01

    Marson & Ferris provide a thorough account of the subject for students. Essential topics are introduced by exploring current and pertinent examples and the relevance of the law in a business environment is considered throughout. This pack includes a supplement which considers the effects of the Consumer Rights Act 2015.

  6. Nuclear Energy Law and Arbo Law/Safety Law

    International Nuclear Information System (INIS)

    Eijnde, J.G. van den

    1986-01-01

    The legal aspects of radiation protection in the Netherlands are described. Radiation protection is regulated mainly in the Nuclear Energy Law. The Arbo Law also has some sections about radiation protection. The interaction between both laws is discussed. (Auth.)

  7. Islamic Law

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

    Full Text Available The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-German,the religious and respectively the communist law systems. The third main international law system is theMuslim one, founded on the Muslim religion – the Islam. The Islam promotes the idea that Allah createdthe law and therefore it must be preserved and observed as such. Etymologically, the Arabian word“Islam” means “to be wanted, to obey” implying the fact that this law system promotes total andunconditioned submission to Allah. The Islamic law is not built on somebody of laws or leading cases,but has as source. The Islam is meant as a universal religion, the Koran promoting the idea of the unityof mankind; thus, one of the precepts in the Koran asserts that “all men are equal (…, there is nodifference between a white man and a black man, between one who is Arabian and one who is not,except for the measure in which they fear God.” The Koran is founded mainly on the Talmud, Hebrewsource of inspiration, and only on very few Christian sources. The Islam does not forward ideas whichcannot be materialized; on the contrary its ideas are purely practical, easy to be observed by the commonman, ideas subordinated to the principle of monotheism. The uncertainties and gaps of the Koran, whichhave been felt along the years, imposed the need for another set of rules, meant to supplement it – that isSunna. Sunna represents a body of laws and, consequently, the second source of the Koran. Sunnanarrates the life of the prophet Mohamed, the model to

  8. Article 27 of Competition Law and What Lies Beneath

    Directory of Open Access Journals (Sweden)

    Perdana A. Saputro

    2011-09-01

    Full Text Available This article discuss about Article 27 of Law No. 5 Year 1999 on the Restriction of Monopoly Practices and Unfair Business Practices (“Competition Law”. One may wonder the rigorousness to the application of Article 27 which arguably could ban any merger which meets market test without conducting any competitive assessment. For this, the law has been presumed that the acquisition or controlling of large market share from merger is per se illegality. Further, the effects of Article 27 would be discussed in this paper. A merger review itself is not an easy task and tends to bring complex issues that one needs to be dealt with. Things get more complicated when one deals with the merger application in developing countries since there are various aspects that need to be taken account by the respective antitrust authority (including Indonesia Obviously, every country needs to set up its competition law in accordance with its own economic characteristics and conditions. Many have argued as to point out the severe condition in market as a result of high concentration of competition. But more of them argued otherwise, as it could positively pushed on the market. This article would also include best practices from US and EU competition law practices regarding the issue at hand, as well as the relationship of merger control and practices in developing countries. The article offers suggestion with regard to the current approach to Article 27 of the Competition Law and from EU and US best practice which could be used for the benefit of Indonesia’s competition law especially to the application of Article 27.

  9. Criminal law

    International Nuclear Information System (INIS)

    Silva, J.M. da.

    1979-01-01

    Facts concerning the application of atomic energy are presented and those aspects which should be under tutelage, the nature and guilt of the nuclear offenses and the agent's peril are presented. The need of a specific chapter in criminal law with adequate legislation concerning the principles of atomic energy is inferred. The basis for the future elaboration this legislation are fixed. (A.L.S.L.) [pt

  10. LAW OCRACY ELOPMENT LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    resources/resources-by-sector-and-topic/tourism- services (accessed 27 March 2017). LAW. OCRACY. ELOPMENT. LAW. DEMOCRACY. & DEVELOPMENT ... LAW, DEMOCRACY & DEVELOPMENT/ VOL 21 (2017) .... 29 Morupisi P & Mokgalo L “Domestic tourism challenges in Botswana: a stakeholders' perspective”.

  11. Operational Law Handbook,2007

    National Research Council Canada - National Science Library

    2007-01-01

    ...), human rights, rules of engagement, emergency essential civilians supporting military operations, contingency contractor personnel, foreign and deployment, criminal law, environmental law, fiscal law...

  12. Case law

    International Nuclear Information System (INIS)

    2012-01-01

    This section gathers the following case laws: 1 - Canada: Judicial review of Darlington new nuclear power plant project; Appeal decision upholding criminal convictions related to attempt to export nuclear-related dual-use items to Iran: Her Majesty the Queen V. Yadegari; 2 - European Commission: Greenland cases; 3 - France: Chernobyl accident - decision of dismissal of the Court of Appeal of Paris; 4 - Slovak Republic: Aarhus Convention compliance update; 5 - United States: Judgement of a US court of appeals upholding the NRC's dismissal of challenges to the renewal of the operating licence for Oyster Creek Nuclear Generating Station; reexamination of the project of high-level waste disposal site at Yucca Mountain

  13. Case law

    International Nuclear Information System (INIS)

    2016-01-01

    This section treats of the following case laws: 1 - Canada: Decision of the Canadian Federal Court of Appeal dismissing an appeal related to an environmental assessment of a project to refurbish and extend the life of an Ontario nuclear power plant; 2 - Poland: Decision of the Masovian Voivod of 28 December 2015 concerning the legality of the resolution on holding a local referendum in the Commune of Rozan regarding a new radioactive waste repository (2015); 3 - United States: Commission authorises issuance of construction permit for the Shine Medical Isotope Facility in Janesville, Wisconsin; 4 - United States: Commission authorises issuance of combined licences for the South Texas Project site in Matagorda County, Texas

  14. Case law

    International Nuclear Information System (INIS)

    Anon.

    2002-01-01

    Several judgements are carried: Supreme Administrative Court Judgement rejecting an application to prevent construction of a new nuclear power plant (Finland); judgement of the Council of State specifying the law applicable to storage facilities for depleted uranium (France); Supreme Court Decision overturning for foreign spent fuel (Russian federation); Court of Appeal Judgement on government decision to allow the start up of a MOX fuel plant ( United Kingdom); judgement on lawfulness of authorizations granted by the Environment Agency: Marchiori v. the Environment Agency; (U.K.); Kennedy v. Southern California Edison Co. (U.S.A); Judgement concerning Ireland ' s application to prevent operation of BNFL ' s MOX facility at Sellafield: Ireland v. United Kingdom; At the European Court of Human Rights Balmer-Schafroth and others have complained v. Switzerland. Parliamentary decision rescinding the shutdown date for Barseback - 2 (Sweden); Decision of the International trade Commission regarding imposition of countervailing and anti-dumping duties on imports of low enriched uranium from the European Union, Yucca Mountain site recommendation (USA). (N.C.)

  15. Case law

    International Nuclear Information System (INIS)

    2014-01-01

    This section of the Bulletin brings together the texts of the following case laws: Canada: - Judgment of the Federal Court of Canada sending back to a joint review panel for reconsideration the environmental assessment of a proposed new nuclear power plant in Ontario. France : - Conseil d'etat, 24 March 2014 (Request No. 358882); - Conseil d'etat, 24 March 2014 (Request No. 362001). Slovak Republic: - Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant; - Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant. United States: - Initial Decision of the Atomic Safety and Licensing Board Ruling in Favour of Nuclear Innovation North America, LLC (NINA) Regarding Foreign Ownership, Control or Domination

  16. lawstat: An R Package for Law, Public Policy and Biostatistics

    Directory of Open Access Journals (Sweden)

    Wallace Hui

    2008-01-01

    Full Text Available We present a new R software package lawstat that contains statistical tests and procedures that are utilized in various litigations on securities law, antitrust law, equal employment and discrimination as well as in public policy and biostatistics. Along with the well known tests such as the Bartels test, runs test, tests of homogeneity of several sample proportions, the Brunner-Munzel tests, the Lorenz curve, the Cochran-Mantel-Haenszel test and others, the package contains new distribution-free robust tests for symmetry, robust tests for normality that are more sensitive to heavy-tailed departures, measures of relative variability, Levene-type tests against trends in variances etc. All implemented tests and methods are illustrated by simulations and real-life examples from legal cases, economics and biostatistics. Although the package is called lawstat, it presents implementation and discussion of statistical procedures and tests that are also employed in a variety of other applications, e.g., biostatistics, environmental studies, social sciences and others, in other words, all applications utilizing statistical data analysis. Hence, name of the package should not be considered as a restriction to legal statistics. The package will be useful to applied statisticians and "quantitatively alert practitioners" of other subjects as well as an asset in teaching statistical courses.

  17. Case law

    International Nuclear Information System (INIS)

    2017-01-01

    This section treats of the following case laws (United States): 1 - Virginia Uranium, Inc. v. Warren, 848 F.3d 590 (4. Cir. 2017): In the United States District Court for the Western District of Virginia, the plaintiffs, a collection of uranium mining companies and owners of land containing uranium deposits, challenged a Commonwealth of Virginia moratorium on conventional uranium mining. The plaintiffs alleged that the state moratorium was preempted by federal law under the Supremacy Clause of the US Constitution.; 2 - United States v. Energy Solutions, Inc.; Rockwell Holdco, Inc.; Andrews County; Holdings, Inc.; and Waste Control Specialists, LLC. (D. Del. June 21, 2017): In 2016, the United States, acting through the US Department of Justice, commenced an action in United States District Court in Delaware seeking to enjoin the acquisition of Waste Control Specialists, LLC (WCS) and its parent company by Energy Solutions, Inc., and its parent. WCS and Energy Solutions are competitors in the market for the disposal of low-level radioactive waste (LLRW) produced by commercial generators of such material. The United States alleged that the proposed acquisition was unlawful. 3 - Cooper v. Tokyo Electric Power Company, No. 15-56426 (9. Cir. 2017): The plaintiffs are US Navy service members who were deployed off the Japanese coast as part of the US effort to provide earthquake relief after the 9.0 earthquake and tsunami that struck Japan on 11 March 2011. Plaintiffs sued alleging 'that TEPCO was negligent in operating the Fukushima Daiichi Nuclear Power Plant and in reporting the extent of the radiation leak

  18. Case law

    International Nuclear Information System (INIS)

    Anon.

    2011-01-01

    This chapter gathers three case laws, one concerning France and the two others concerning the United States. France - Decision of the Administrative Court in Strasbourg on the permanent shutdown of the Fessenheim nuclear power plant: On 9 March 2011, the administrative court in Strasbourg confirmed the government's rejection to immediately close the Fessenheim nuclear power plant, the first unit of which started operation on 1 January 1978. The court rejected the motion of the 'Association trinationale de protection nucleaire' (ATPN) filed against the decision of the Minister of Economy, Industry and Employment to refuse the final shutdown of the plant. The group, which brings together associations as well as French, German and Swiss municipalities, had taken legal action in December 2008. United States - Case law 1 - Judgment of a US Court of Appeals on public access to sensitive security information and consideration of the environmental impacts of terrorist attacks on nuclear facilities: This case concerns 1) the public's right to access classified and sensitive security information relied upon by the US Nuclear Regulatory Commission (NRC) in its environmental review; and 2) the sufficiency of the NRC's environmental review of the impacts of terrorist attacks for a proposed Independent Spent Fuel Storage Installation (ISFSI). In 2003, the NRC ruled that the National Environmental Policy Act (NEPA) did not require the NRC to consider the impacts of terrorist attacks in its environmental review for the proposed ISFSI at the Diablo Canyon Power Plant. ' NEPA mandates that all federal agencies must prepare a detailed statement on the environment impacts before undertaking a major federal action that significantly affects the human environment. In 2004, the San Luis Obispo Mothers for Peace, a group of individuals who live near the Diablo Canyon Power Plant, filed a petition in the US Court of Appeals for the Ninth Circuit challenging the NRC's 2003 decision. The

  19. Case Law

    International Nuclear Information System (INIS)

    Anon.

    2009-01-01

    Different case law are presented in this part: By decision dated 17 july 2009, the Ontario Court of Appeal (Canada) has ruled on the scope of solicitor-client privilege and the protections that may be afforded to privileged investigations reports. The decision reaffirms the canadian court system view of the importance of the protection of solicitor-client privilege to the administration of justice; For United states here is a judgment of a U.S. court of Appeals on the design basis threat security rule (2009), this case concerns a challenge to the U.S. Nuclear regulatory commission (N.R.C.) revised design basis threat rule, which was adopted in 2007 (nuclear bulletin law no. 80). The petitioners public citizen, Inc., San Luis Obispo Mothers for Peace and the State of New York filed a lawsuit in the U.S. court of appeals for the Ninth circuit alleging that the N.R.C. acted arbitrarily and capriciously and in violation of law by refusing to include the treat of air attacks in its final revised design basis rule. On the 24. july 2009, a panel of three ninth circuit judges rules 2-1 that the N.R.C. acted reasonably in not including an air treat in its design basis rule. Secondly, judgment of a U.S. court of appeals on consideration of the environmental impact of terrorist attacks on nuclear facilities (2009), this case concerns the scope of the U.S. Nuclear regulatory commission environmental analysis during its review of applications to re-licence commercial nuclear power plants. New Jersey urged the N.R.C. to consider the environmental impact of an airborne terrorist attack on the power plant, arguing that such analysis was required by the national environmental policy act (N.E.P.A.). On 31. march 2009, a panel of three circuit judges declined to follow the ninth circuit opinion and affirmed NRC decision 3-0 ruling that NRC was not required to consider terrorism in its N.E.P.A. analysis because NRC re-licensing would not be a reasonably close cause of terrorism

  20. Case law

    International Nuclear Information System (INIS)

    2013-01-01

    This section reports on 7 case laws from 4 countries: - France: Conseil d'Etat decision, 28 June 2013, refusing to suspend operation of the Fessenheim nuclear power plant; - Slovak Republic: New developments including the Supreme Court's judgment in a matter involving Greenpeace Slovakia's claims regarding the Mochovce nuclear power plant; New developments in the matter involving Greenpeace's demands for information under the Freedom of Information Act; - Switzerland: Judgment of the Federal Supreme Court in the matter of the Departement federal de l'environnement, des transports, de l'energie et de la communication (DETEC) against Ursula Balmer-Schafroth and others on consideration of admissibility of a request to withdraw the operating licence for the Muehleberg nuclear power plant; - United States: Judgment of the Court of Appeals for the District of Columbia Circuit granting petition for writ of mandamus ordering US Nuclear Regulatory Commission (NRC) to resume Yucca Mountain licensing; Judgment of the Court of Appeals for the Second Circuit invalidating two Vermont statutes as preempted by the Atomic Energy Act; Judgment of the NRC on transferring Shieldalloy site to New Jersey's jurisdiction

  1. Case Law

    International Nuclear Information System (INIS)

    2014-01-01

    This section treats of the following case laws sorted by country: 1 - Germany: Federal Administrative Court confirms the judgments of the Higher Administrative Court of the Land Hesse: The shutdown of nuclear power plant Biblis blocks A and B based on a 'moratorium' imposed by the Government was unlawful; List of lawsuits in the nuclear field. 2 - Slovak Republic: Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant; Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant. 3 - United States: Judgment of the Nuclear Regulatory Commission resuming the licensing process for the Department of Energy's construction authorisation application for the Yucca Mountain high-level radioactive waste repository; Judgment of the Licensing Board in favour of Shaw AREVA MOX Services regarding the material control and accounting system at the proposed MOX Facility; Dismissal by US District Court Judge of lawsuit brought by US military personnel against Tokyo Electric Power Company (TEPCO) in connection with the Fukushima Daiichi nuclear power plant accident

  2. Case law

    International Nuclear Information System (INIS)

    Anon.

    2000-01-01

    This article reviews the judgements and law decisions concerning nuclear activities throughout the world during the end of 1999 and the first semester 2000. In Belgium a judgement has allowed the return of nuclear waste from France. In France the Council of State confirmed the repeal of an authorization order of an installation dedicated to the storage of uranium sesquioxide, on the basis of an insufficient risk analysis. In France too, the criminal chamber of the French Supreme Court ruled that the production in excess of that authorized in the licence can be compared to carrying out operations without a licence. In Japan the Fukui district court rejected a lawsuit filed by local residents calling for the permanent closure, on safety grounds, of the Monju reactor. In the Netherlands, the Council of State ruled that the Dutch government had no legal basis for limiting in time the operating licence of the Borssele plant. In Usa a district court has rejected a request to ban MOX fuel shipment. (A.C.)

  3. Fundamentals of the power economy law. The liberalization of the power industry and gas industry. 3. ed.; Grundzuege des Energiewirtschaftsrechts. Die Liberalisierung der Strom- und Gaswirtschaft

    Energy Technology Data Exchange (ETDEWEB)

    Theobald, Christian [Sozietaet Becker Buettner Held, Berlin (Germany); Deutsche Univ. fuer Verwaltungswissenschaften, Speyer (Germany); Nill-Theobald, Christiane [TheobaldConsulting, Berlin (Germany)

    2013-11-01

    The authors show how the legal reform leading to the deregulation of the electricity and gas supply grids has created true freedom of choice for customers as well as a practicable means of managing grid access for energy suppliers. They address recent developments following from the energy turnaround as well CO{sub 2} emission regulations and trading. Ultimately all private and governmental players of the energy economy are affected. The present fully revised, richly illustrated third edition of this fundamental publication gives an introduction into the large body of already known as well as into new issues of energy economy law, including: fundamentals of the energy sector; key points of the energy turnaround; purchase and sale of electricity and gas; regulatory regime; unbundling; terms of governmental regulation; surveillance of the energy sector; anti-trust and competition law; issues of environmental protection and energy efficiency; renewable energies; cogeneration law; ecotax legislation; consumer protection; and emission trade.

  4. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1989-01-01

    The bibliography contains 1160 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig./HP) [de

  5. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1988-01-01

    The bibliography contains 1235 references to publications covering the following subject fields: general environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (HP) [de

  6. International Investment Law and EU Law

    DEFF Research Database (Denmark)

    The European Yearbook of International Economic Law (EYIEL) is an annual publication in International Economic Law, a field increasingly emancipating itself from Public International Law scholarship and evolving into a fully-fledged academic discipline in its own right. With the yearbook, the edi......The European Yearbook of International Economic Law (EYIEL) is an annual publication in International Economic Law, a field increasingly emancipating itself from Public International Law scholarship and evolving into a fully-fledged academic discipline in its own right. With the yearbook...

  7. Case law

    International Nuclear Information System (INIS)

    2015-01-01

    This section treats of the following case laws: 1 - Canada: Decision of the Canadian Federal Court of Appeal overturning a decision to send back for reconsideration an environmental assessment of a proposed new nuclear power plant in Ontario; 2 - France: Council of State decision, 28 November 2014, Federation 'Reseau sortir du nucleaire' (Nuclear Phase-Out network) and others vs. Electricite de France (EDF), Request No. 367013 for the annulment of: - The resolution of the French Nuclear Safety Authority (ASN) dated 4 July 2011 specifying additional regulations for Electricite de France (EDF) designed to strengthen the reactor basemat of reactor No. 1 in the Fessenheim nuclear power plant, and - The resolution of ASN dated 19 December 2012 approving the start of work on reinforcing the reactor basemat in accordance with the dossier submitted by EDF; 3 - Germany: Judgment of the European Court of Justice on the nuclear fuel tax; 4 - India: Judgment of the High Court of Kerala in a public interest litigation challenging the constitutional validity of the Civil Liability for Nuclear Damage Act, 2010; 5 - Japan - District court decisions on lawsuits related to the restart of Sendai NPP and Takahama NPP; 6 - Poland: Decision of the Masovian Voivod concerning the legality of the resolution on holding a local referendum in the Commune of Rozan regarding a new radioactive waste repository; Certain provisions of the Regulation of the Minister of Health of 18 February 2011 on the conditions for safe use of ionising radiation for all types of medical exposure have been declared unconstitutional by a judgment pronounced by the Constitutional Tribunal; 7 - Slovak Republic: Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant

  8. The French nuclear law

    International Nuclear Information System (INIS)

    Ito, Hiroshi

    2013-01-01

    The nuclear law had been out of the environmental law. The act on the transparency and the security of the nuclear matter was enacted in 2006 and set in the code of the environment in 2012. It means that the nuclear law is part of the environmental law and that it is advanced. I will report the French nuclear law. (author)

  9. Demonstrating the Gas Laws.

    Science.gov (United States)

    Holko, David A.

    1982-01-01

    Presents a complete computer program demonstrating the relationship between volume/pressure for Boyle's Law, volume/temperature for Charles' Law, and volume/moles of gas for Avagadro's Law. The programing reinforces students' application of gas laws and equates a simulated moving piston to theoretical values derived using the ideal gas law.…

  10. Addressing responsibility of owners and managers in cartel agreements: A competition law perspective

    Directory of Open Access Journals (Sweden)

    Pavlic Ljiljana

    2015-01-01

    Full Text Available Horizontal agreements between competitors with t h e object/effect of reducing competition between them through market partitioning, bid rigging, production/distribution quantities limitation and price fixing are considered to be the infringements of competition law. Cartel is an agreement under which competitors agree not to compete with each other and presents the most serious form of anticompetitive behaviour. Such arrangements allow companies to exert market power they would not otherwise have by artificially restricting competition with deleterious effect on welfare. Competition authorities around the world continue to declare cartel detection and conviction in competition enforcement as their highest priority. Taking part in cartel can have severe consequences for managers as well for the undertaking. In some jurisdictions employees involved in the infringement of competition law are criminally prosecuted facing financial fines and possible imprisonment. The reason behind it is an acknowledgment by competition authorities that the mere threat of sanctions against managers and personal liability could be a more effective deterrent than the possibility of only undertaking-focused sanctions. The amount of fines imposed for antitrust infringements, and for hard core cartel violations in particular, has notably augmented over the last years. This paper will argue why managers are employed in harmful activities risking imposition of severe fines and adverse reputational impact for themselves and the owners of the undertakings they work for and what are the tools within undertaking that can reduce the risk of being involved in unlawful antitrust practices and minimize the negative impact if anticompetitive behaviour has occurred.

  11. 16 CFR 4.11 - Disclosure requests.

    Science.gov (United States)

    2010-01-01

    ... the Federal antitrust laws or foreign antitrust laws, as defined in paragraph (j)(5)(i) of this.... (5) For purposes of this section: (i) “Federal antitrust laws” and “foreign antitrust laws” are to be... law enforcement agencies. Requests from law enforcement agencies of the Federal and State governments...

  12. LAW OCRACY ELOPMENT LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    2004-06-07

    Jun 7, 2004 ... customary law and decisions of the Supreme Court and of the previous Black Appeals. Court. The informal or unofficial customary law consists of unwritten rules and norms rooted in the social and cultural practices of indigenous communities. Rules of customary law create gender inequality and women are ...

  13. Law Enforcement Locations

    Data.gov (United States)

    Kansas Data Access and Support Center — Law Enforcement Locations in Kansas Any location where sworn officers of a law enforcement agency are regularly based or stationed. Law enforcement agencies "are...

  14. Tenancy Law Denmark

    DEFF Research Database (Denmark)

    Edlund, Hans Henrik

    2003-01-01

    Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml......Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml...

  15. Czech Atomic Law

    OpenAIRE

    Valuš, Josef

    2006-01-01

    The Czech Nuclear law The Nuclear law is an importnat part of the Environmental law. The Nuclear law regulates the peaceful use of nuclear energy and of inonizing radiation, which are the activities potentially dangerous for the environment. This area is a component of a special part of the Environmental law. The ionizing radiation is classified as a particular source of hazard to the environment. This diploma thesis deals with the Czech Nuclear law, and that by means of characterization of a...

  16. Tax Law System

    Science.gov (United States)

    Tsindeliani, Imeda A.

    2016-01-01

    The article deals with consideration of the actual theoretic problems of the subject and system of tax law in Russia. The theoretical approaches to determination of the nature of separate institutes of tax law are represented. The existence of pandect system intax law building as financial law sub-branch of Russia is substantiated. The goal of the…

  17. Teaching Human Rights Law.

    Science.gov (United States)

    Berman, Howard R.

    1985-01-01

    The international community has developed a system of human rights law relevant to many areas of legal encounter, which American law schools have been slow to incorporate into curricula. Teaching human rights law provides an opportunity for law schools to enrich the learning process and contribute creatively to the respect for rights in society.…

  18. Democratic contract law

    NARCIS (Netherlands)

    Hesselink, M.W.

    2015-01-01

    This article discusses the normative relationship between contract law and democracy. In particular, it argues that in order to be legitimate contract law needs to have a democratic basis. Private law is not different in this respect from public law. Thus, the first claim made in this article will

  19. Law across nations

    DEFF Research Database (Denmark)

    of participants keen to work together to promote research and policy development in such a lively forum." - Professor Steve Saxby PhD, Cert Ed., MBCS Professor of IT Law and Public Policy, Solicitor, Deputy Head of School (Research), Faculty of Business and Law, University of Southampton, Editor......-in-Chief, The Computer Law & Security Review - The International Journal of Technology Law and Practice (Elsevier), www.elsevier.com/locate/clsr, Editor, The Encyclopedia of Information Technology Law (Sweet & Maxwell), Director ILAWS - Institute for Law and the Web - School of Law, Southampton University, www...

  20. Law across nations

    DEFF Research Database (Denmark)

    of participants keen to work together to promote research and policy development in such a lively forum." - Professor Steve Saxby PhD, Cert Ed., MBCS Professor of IT Law and Public Policy, Solicitor, Deputy Head of School (Research), Faculty of Business and Law, University of Southampton, Editor...... not only the original themes of Legal, Security and Privacy Issues in IT Law and International Law and Trade but more recently two new conferences on International Public and Private Law. The papers in this volume then represent the contributions to all these fields and reflect the strong desire......-in-Chief, The Computer Law & Security Review - The International Journal of Technology Law and Practice (Elsevier), www.elsevier.com/locate/clsr, Editor, The Encyclopedia of Information Technology Law (Sweet & Maxwell), Director ILAWS - Institute for Law and the Web - School of Law, Southampton University, www...

  1. EU Labour Law

    DEFF Research Database (Denmark)

    Nielsen, Ruth

    The focus in this book is upon EU labour law and its interaction with national and international labour law. The book provides an analysis of the framework and sources of European labour law. It covers a number of substantive topics, notably collective labour law, individual employment contracts......, discrimination on grounds of sex and on other grounds, free movement of persons, restructuring of enterprises, working environment and enforcement of rights derived from EU labour law....

  2. Property law in Jersey

    OpenAIRE

    MacLeod, Rebecca Frances

    2012-01-01

    Jersey law, and within it Jersey property law, has received little academic attention. This thesis seeks to examine, and provide a systematic account of, the Jersey law of property. Specific aspects of substantive law are explored. From these, general observations about the nature and structure of property law are made. Unsurprisingly, given the small size of the island, Jersey has a relatively limited amount of indigenous legal material to offer, much of it in French. Inevitab...

  3. EU Labour Law

    DEFF Research Database (Denmark)

    Nielsen, Ruth

    The focus in this book is upon EU labour law and its interaction with national and international labour law. The book provides an analysis of the framework and sources of European labour law. It covers a number of substantive topics, notably collective labour law, individual employment contracts,......, discrimination on grounds of sex and on other grounds, free movement of persons, restructuring of enterprises, working environment and enforcement of rights derived from EU labour law....

  4. LAW OCRACY ELOPMENT LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    schools; to amend and repeal certain laws relating to schools; and to provide for matters connected therewith). 3 Murphy J ... Pension Funds Adjudicator” (2004) 12 Juta's Business Law Journal 2; Jeram N “Jurisdiction of the Pension ...... respect of civil proceedings or a summons or a notice of motion against such member.

  5. LAW OCRACY ELOPMENT LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    LAW

    331. 2 World Water Assessment Programme (2009). See also Fitzmaurice (2007) 537. LAW. OCRACY. ELOPMENT. LAW. DEMOCRACY. & DEVELOPMENT. VOLUME 15 (2011) ...... Appellate Division held as follows: “[W]here in proceedings on notice of motion disputes of fact have arisen on the affidavits, a final order ...

  6. LAW OCRACY ELOPMENT LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    The institution, status and role of traditional leadership, according to customary law, are subject to the Constitution. (2). A traditional authority that observes a system of customary law may function subject to any applicable legislation and customs, which includes amendments to, or repeal of, that legislation or those customs.

  7. Recent Case Law

    DEFF Research Database (Denmark)

    Petz, Thomas; Sagaert, Vincent; Østergaard, Kim

    2004-01-01

    In this section authors from various European countries report the recent case law in their country on the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The European Review of Private Law (ERPL......) started this section in 2003. The section aims to give our readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports...... not relate the facts of the decision, nor the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL’s case note section. The recent case law section gives overviews of decisions published in periods of four months. The period of January...

  8. By Law Established

    DEFF Research Database (Denmark)

    Christoffersen, Lisbet

    2017-01-01

    An analysis of the degree and content of statutory law regulation of Nordic Lutheran majority churches in 2017......An analysis of the degree and content of statutory law regulation of Nordic Lutheran majority churches in 2017...

  9. Themes in nuclear law

    International Nuclear Information System (INIS)

    2003-01-01

    The nuclear law was analyzed during a workshop. The main aspects were: the law of population to access to information on nuclear energy and the relationship between the Regulator Organism and the nuclear power plants managers

  10. Community Notification Laws

    National Research Council Canada - National Science Library

    Speck, Michael B

    2007-01-01

    .... Furthermore, a false sense of security and reductions in incest reporting continue to victimize children, which results in further sex offender laws passed by legislatures without empirical data supporting such laws...

  11. Health care law versus constitutional law.

    Science.gov (United States)

    Hall, Mark A

    2013-04-01

    National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision - both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits on a range of federal powers beyond health care. This article considers to what extent the decision is also about health care law, properly conceived. Under one view, health care law is the subdiscipline that inquires how courts and government actors take account of the special features of medicine that make legal or policy issues especially problematic - rather than regarding health care delivery and finance more generically, like most any other economic or social enterprise. Viewed this way, the opinions from the Court's conservative justices are mainly about general constitutional law principles. In contrast, Justice Ruth Bader Ginsburg's dissenting opinion for the four more liberal justices is just as much about health care law as it is about constitutional law. Her opinion gives detailed attention to the unique features of health care finance and delivery in order to inform her analysis of constitutional precedents and principles. Thus, the Court's multiple opinions give a vivid depiction of the compelling contrasts between communal versus individualistic conceptions of caring for those in need, and between health care and health insurance as ordinary commodities versus ones that merit special economic, social, and legal status.

  12. Russian Law and Globalization

    OpenAIRE

    David Fishman

    2016-01-01

    The Faculty of Law of the University of Helsinki is committed to diverse and internationally collaborative approaches to studying various legal systems in the context of comparative law, and UHLS and the Law Faculty of the National Research University, Higher School of Economics have developed an ongoing program to undertake this effort. The original annual conference series on the Development of Russian Law was launched in 2008 as an initiative to further knowledge and critical thinking abou...

  13. Liability in Employment Law

    OpenAIRE

    Lang, Roman

    2006-01-01

    97 Liability in labour law Summary This diploma paper analyzes liability in labour law with focus on liability for damage. At first the diploma paper introduces conception of liability in general and idea of liability in labour law considering different position of employee and employer in labour relations. The diploma paper then enumerates the types of labour-law liability. The next chapter concentrates on liability for damage. This chapter describes characteristic features of liability for ...

  14. On Kepler's First Law

    Indian Academy of Sciences (India)

    law of areas follows and Kepler's second law is explained. Note that all that the proof requires is that the force be a .... planation of Kepler's third law: if 2a is the major axis of the orbit (an ellipse, by the second law) and T the .... tors, but he describes it in geometrical language. Let po- sition vectors be measured with reference ...

  15. Environmental law in Denmark

    DEFF Research Database (Denmark)

    Basse, Ellen Margrethe

    Modern Danish environmental law has a strong international dimension due to membership of EU and participation in global and regional agreements. The concept of transnational law that includes EU environmental law that has vertical as well as horizontal effects across jurisdictions binding national...

  16. European tax law

    NARCIS (Netherlands)

    Terra, B.J.M.; Wattel, P.J.

    2008-01-01

    This book is intended as a reference book for tax law and EC law pratitioners, tax administrators, academics, the judiciary and tax or Community law policy makers. For students, an abridged student edition textbook is available. The book offers a systematic survey of the tax implications of the EC

  17. Water, law, science

    Science.gov (United States)

    Narasimhan, T. N.

    2008-01-01

    SummaryIn a world with water resources severely impacted by technology, science must actively contribute to water law. To this end, this paper is an earth scientist's attempt to comprehend essential elements of water law, and to examine their connections to science. Science and law share a common logical framework of starting with a priori prescribed tenets, and drawing consistent inferences. In science, observationally established physical laws constitute the tenets, while in law, they stem from social values. The foundations of modern water law in Europe and the New World were formulated nearly two thousand years ago by Roman jurists who were inspired by Greek philosophy of reason. Recognizing that vital natural elements such as water, air, and the sea were governed by immutable natural laws, they reasoned that these elements belonged to all humans, and therefore cannot be owned as private property. Legally, such public property was to be governed by jus gentium, the law of all people or the law of all nations. In contrast, jus civile or civil law governed private property. Remarkably, jus gentium continues to be relevant in our contemporary society in which science plays a pivotal role in exploiting vital resources common to all. This paper examines the historical roots of modern water law, follows their evolution through the centuries, and examines how the spirit of science inherent in jus gentium is profoundly influencing evolving water and environmental laws in Europe, the United States and elsewhere. In a technological world, scientific knowledge has to lie at the core of water law. Yet, science cannot formulate law. It is hoped that a philosophical understanding of the relationships between science and law will contribute to their constructively coming together in the service of society.

  18. Human law and computer law comparative perspectives

    CERN Document Server

    Hildebrandt, Mireille

    2014-01-01

    This book probes the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law, and the challenges posed by computing technologies traditional legal thinking and the regulation of human affairs.

  19. A common law agenda for labour law

    OpenAIRE

    Hough, Barry; Spowart-Taylor, Ann

    1999-01-01

    This article assesses the purposes of a re-contractualisation of the employment relationship. It examines in particular the implied duty to act in good faith, and argues that in developing this and other implied terms the judiciary only extends employment protection to further wealth maximisation. It is argued that the common law sees its contribution to labour law as a device for maximising the efficiency of the enterprise and promoting the creation of wealth for the benefit of the national ...

  20. Water, law, science

    Energy Technology Data Exchange (ETDEWEB)

    Narasimhan, T.N.

    2007-10-17

    In a world with water resources severely impacted bytechnology, science must actively contribute to water law. To this end,this paper is an earth scientist s attempt to comprehend essentialelements of water law, and to examine their connections to science.Science and law share a common logical framework of starting with apriori prescribed tenets, and drawing consistent inferences. In science,observationally established physical laws constitute the tenets, while inlaw, they stem from social values. The foundations of modern water law inEurope and the New World were formulated nearly two thousand years ago byRoman jurists who were inspired by Greek philosophy of reason.Recognizing that vital natural elements such as water, air, and the seawere governed by immutable natural laws, they reasoned that theseelements belonged to all humans, and therefore cannot be owned as privateproperty. Legally, such public property was to be governed by jusgentium, the law of all people or the law of all nations. In contrast,jus civile or civil law governed private property. Remarkably, jusgentium continues to be relevant in our contemporary society in whichscience plays a pivotal role in exploiting vital resources common to all.This paper examines the historical roots of modern water law, followstheir evolution through the centuries, and examines how the spirit ofscience inherent in jus gentium is profoundly influencing evolving waterand environmental laws in Europe, the United States and elsewhere. In atechnological world, scientific knowledge has to lie at the core of waterlaw. Yet, science cannot formulate law. It is hoped that a philosophicalunderstanding of the relationships between science and law willcontribute to their constructively coming together in the service ofsociety.

  1. International Treaties Tax Law in Brazilian Law

    Directory of Open Access Journals (Sweden)

    Milena Zampieri Sellmann

    2016-06-01

    Full Text Available International agreements are the primary source of obligations internationally, whi- ch generate reflections in national law. They have been extremely used in tax harvest because they avoid double taxation and reduce tax burden in international trade. They are formal sources of tax law, which the legislature is expressly recognized in Article 96 of the National Tax Code to set the “tax legislation” expression. Article 98 of the Code determines the supremacy of international tax agreements over national law. Against the odds, international tax agreements do not revoke or modify the national legislation, just limit the effectiveness of national law incompatible with them, with supra-legal hierarchy and infra-constitution. They are above national law, either after or before it is created, and are below the Federal Constitution, so agreements incompatible with it should not be approved by Congress and, if so, they will be subject to declaration of unconstitutionality by the Supreme Court. It is a reporting case the international agreement’s unconstitutio- nality after it is celebrated.

  2. Dentistry and criminal law.

    Science.gov (United States)

    Khoury, B S; Khoury, J N

    2017-09-01

    Criminal law in dentistry, as shaped and moulded by the prevailing views of society, defines what is or is not socially acceptable. It applies in both personal and professional contexts with the intended consequence of protecting the public from unacceptable conduct and potential imbalances of power. At its centre, a patient's consent plays a pivotal role in transforming unlawful conduct into lawful conduct. This literature review considers the current law and the trend of utilizing criminal law in addition to non-criminal law alternatives of reprimanding clinicians for failure to achieve consent in the course of dental practice. Dentists must appreciate this change and the prosecuting authority's increasing willingness to resort to criminal law. © 2017 Australian Dental Association.

  3. UNCLOS and International Law

    DEFF Research Database (Denmark)

    Martinez Romera, Beatriz; Coelho, Nelson F.

    2018-01-01

    here is that of unilateral state practice and that practice has been relying, at least to some extent, on general public international law. This chapter explains how it is important to revisit international law to better understand the relative relevance of the UNCLOS in oceans governance today. Indeed......, treaty law is only one of many sources of the law that governs international relations, the others being customary international law and principles of law. The main conclusion of this chapter is that states may have to wake up to the limitations of the UNCLOS and that this will require understanding......The UNCLOS has been since its signature in 1982 the fundamental international legal reference for oceans governance. Indeed, this treaty was written “in pursuit of our common dream of writing a constitution for the oceans”. Yet much alike any dream, reality sooner or later catches up. The reality...

  4. The rule of law

    Directory of Open Access Journals (Sweden)

    Besnik Murati

    2015-07-01

    Full Text Available The state as an international entity and its impact on the individual’s right has been and still continues to be a crucial factor in the relationship between private and public persons. States vary in terms of their political system, however, democratic states are based on the separation of powers and human rights within the state. Rule of law is the product of many actors in a state, including laws, individuals, society, political system, separation of powers, human rights, the establishment of civil society, the relationship between law and the individual, as well as, individual-state relations. Purpose and focus of this study is the importance of a functioning state based on law, characteristics of the rule of law, separation of powers and the basic concepts of the rule of law.

  5. Zipf's law, power laws and maximum entropy

    International Nuclear Information System (INIS)

    Visser, Matt

    2013-01-01

    Zipf's law, and power laws in general, have attracted and continue to attract considerable attention in a wide variety of disciplines—from astronomy to demographics to software structure to economics to linguistics to zoology, and even warfare. A recent model of random group formation (RGF) attempts a general explanation of such phenomena based on Jaynes' notion of maximum entropy applied to a particular choice of cost function. In the present paper I argue that the specific cost function used in the RGF model is in fact unnecessarily complicated, and that power laws can be obtained in a much simpler way by applying maximum entropy ideas directly to the Shannon entropy subject only to a single constraint: that the average of the logarithm of the observable quantity is specified. (paper)

  6. Zipf's law, power laws and maximum entropy

    Science.gov (United States)

    Visser, Matt

    2013-04-01

    Zipf's law, and power laws in general, have attracted and continue to attract considerable attention in a wide variety of disciplines—from astronomy to demographics to software structure to economics to linguistics to zoology, and even warfare. A recent model of random group formation (RGF) attempts a general explanation of such phenomena based on Jaynes' notion of maximum entropy applied to a particular choice of cost function. In the present paper I argue that the specific cost function used in the RGF model is in fact unnecessarily complicated, and that power laws can be obtained in a much simpler way by applying maximum entropy ideas directly to the Shannon entropy subject only to a single constraint: that the average of the logarithm of the observable quantity is specified.

  7. Prison Food Law

    OpenAIRE

    Naim, Cyrus

    2005-01-01

    This paper examines the history and current framework of prison food law. Whereas food law generally is the result of a complex maze of national, state, and local statutory and regulatory law, prison food is primarily regulated by the courts through adjudication of the Eighth Amendment prohibition of cruel and unusual punishment. This discrepancy is explained by the very different political realities faced by prison reform. At the same time, the result is both ineffective and counterproductiv...

  8. Rhetoric in Law

    DEFF Research Database (Denmark)

    Gabrielsen, Jonas

    The bond between law and rhetoric is as old as the subjects themselves. Especially the ancient works on legal rhetoric afford, however, a too narrow depiction of the interaction between law and rhetoric as a purely instrumental discipline of communication in court. In this paper I challenge...... this narrow understanding of legal rhetoric and outline three distinct frames of understanding the relation between law and rhetoric...

  9. ETHICS LAW DIALOGUE CULTURALIST

    OpenAIRE

    Oliveira Sobrinho, Afonso Soares

    2016-01-01

    The law is not the product of a univocal thought, but constructed from ethical relations, legal and political, cultural and institutional structuring-structured in the global society of the twenty-first century. The formation of the culturalist dialogical ethics law aims to encompass the diversity and pluralism of bodies and social actors through deliberative, participatory democracy in the creation, interpretation and application of law. Especially regarding the effectiveness of fundamental ...

  10. Outlines of environmental Law

    International Nuclear Information System (INIS)

    Salzwedel, J.

    1982-01-01

    In this omnibus, ten members of the working group for environmental law attempt to present the respective fields of environmental law in a consistent context, and to show the autonomy of each subject-matter as well as their interdependence and interrelationships. In the long run, the complexity of basic facts of natural science, technology and that of practical execution will require subject-specific penetration and application. Relationships between systems have to be realized to an increasing extent. Structures of law and administration have to be harmonized, and statements on the environmental impact of projects have to be made possible on the whole. Fundamental issues of environmental law are dealt with in the chapters entitled 'Concept and levels of applications of environmental law' and 'Environmental law in general'. The international, supranational and constitutional conditions given in advance of any environmental legislation increasingly gaining in importance are presented in the chapter on 'International environmental law', 'Basics of European Law' and on 'Constitutional Fundamentals'. The necessity of interdisciplinary cooperation becomes evident in those contributions concerning individual fields of environmental law. (orig./HSCH) [de

  11. CONSTANT ASPECTS OF LAW

    Directory of Open Access Journals (Sweden)

    ELENA ANGHEL

    2011-04-01

    Full Text Available "Are we watching, in the succession of history, the appearance and disappearance of legal systems or assisting, in a greater or lesser extent, to what might be considered, in a sense, an evolution of those systems?"1 Law, indissolubly linked to the general evolution of society, has recorded a number of differences in time and space, both in terms of content of various types and positive law systems, and also in terms of forms that take the rules of law, authorities who have the ability to edict it or the procedure to be followed.Indeed, there is no law for all times and all places, as law is not an abstract product of our reason, it comes from the human experience, it is a product of history and that is why institutions of each society can only be different from one society to another.2 But, as in reality there are not quantities of history - many, little or very little - but just history3, we can say that in typology there is not socialist law absolutely different from bourgeois, feudal or slave law, so there is just law. By this approach, I wanted to bring back into question the existence of some factors of constancy in law, those "legal permanencies” investigated by Edmond Picard, believing that "there is something in the legal relationship that necessarily subsist anywhere”.4

  12. LAW OCRACY ELOPMENT LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    25 Fentiman L “Pursuing the perfect mother: Why America's criminalization of maternal substance abuse is not the answer ... criminalisation efforts, working in tandem with other laws, such as the DDTA. The. Minister of .... either being engaged in criminal activity or due to living in poverty, and those living far away from the ...

  13. LAW OCRACY ELOPMENT LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    health care services, the interaction of geographic factors with other determinants of access (notably ... 3 Malan (2008) at 63; Malan N "The performance of the right to have access to social security" (2009) 13. Law ..... as by a relative paucity of road links and public transport networks.27 This contributed directly to the ...

  14. LAW DEMOCRACY & DEVELOPMENT LAW OCRACY ELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    Since 1994 the democratic government has implemented a whole range of laws and policies to ensure that public funding is aimed at redressing this disparity and that, ultimately, learners' right to basic education is realised.7 The financing of public schools is reliant on school fees to a great extent.8 Because the exact ...

  15. LAW OCRACY ELOPMENT LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    Geography, marginalisation and the performance of the right to have access to health care services in. Johannesburg. MARIUS PIETERSE*. Professor of Law, University of the. Witwatersrand ...... 46 While official Department of Health policy is that lack of documentation should not be a barrier to access to health services in ...

  16. Law, Democracy & Development

    African Journals Online (AJOL)

    The evolution and implementation of democracy, good governance practices, human rights and socio-economic development are critical issues facing South Africa and Africa as a whole. Law interacts with this process in ways that may promote or inhibit it. Law, Democracy & Development addresses this interaction. Our aim ...

  17. Oromia Law Journal

    African Journals Online (AJOL)

    The Oromia Law Journal covers articles, book reviews, legislative and case comments related to legal, economic, political and social issues arising in relation to Oromia, Ethiopian, and other related International Laws. As such, the journal has two audiences-primary and secondary. The primary ones are legal professionals ...

  18. EU Food Law Handbook

    NARCIS (Netherlands)

    Meulen, van der B.M.J.

    2014-01-01

    The twenty-first century has witnessed a fundamental reform of food law in the European Union, to the point where modern EU food law has now come of age. This book presents the most significant elements of these legal developments with contributions from a highly qualified team of academics and

  19. Women Law Professors.

    Science.gov (United States)

    Fossum, Donna

    1980-01-01

    Women have made considerable progress toward becoming part of tenure-track legal faculties, but women law professors continue to be academically disproportionately inbred and overrepresented in some areas, such as family law and legal research and writing. (Journal availability: American Bar Foundation, 1155 E. 60th St., Chicago, IL 60637.) (MSE)

  20. Women in Law Enforcement.

    Science.gov (United States)

    Jones, Regina

    1991-01-01

    The lack of roles for African-American female police officers has not stopped black women from gaining momentum in law enforcement. Women still comprise less than 10 percent of all police officers, but growing numbers of black women are finding meaningful work in law enforcement. (SLD)

  1. California Library Laws, 2009

    Science.gov (United States)

    Smith, Paul G., Ed.

    2009-01-01

    California Library Laws 2009 is a selective guide to state laws and related materials that most directly affect the everyday operations of public libraries and organizations that work with public libraries. It is intended as a convenient reference, not as a replacement for the annotated codes or for legal advice. The guide is organized as follows.…

  2. Revising China's Environmental Law

    NARCIS (Netherlands)

    He, G.; Zhang, L.; Mol, A.P.J.; Lu, Y.; Liu, Wenling; Liu, J.

    2013-01-01

    China's Environmental Protection Law (EPL) is the main national environmental legislative framework. Yet the environmental legal system is incomplete, and implementation and enforcement of environmental laws have shown major shortcomings (1–3). A controversial attempt to revise the EPL could have

  3. Model(ing) Law

    DEFF Research Database (Denmark)

    Carlson, Kerstin

    The International Criminal Tribunal for the former Yugoslavia (ICTY) was the first and most celebrated of a wave of international criminal tribunals (ICTs) built in the 1990s designed to advance liberalism through international criminal law. Model(ing) Justice examines the case law of the ICTY...

  4. Introduction to planning law

    International Nuclear Information System (INIS)

    Ronellenfitsch, M.

    1986-01-01

    The author surveys the planning law in the Federal Republic of Germany. He deals with general regulations of the administrative procedure and land-use planning procedure and the main special rules of planning law, according to the Atomic Energy Act, the Nuclear Installation Ordinance and the Federal Act on the Protection against Nuisances. (WG) [de

  5. The Corporate Law Curriculum

    Science.gov (United States)

    Mofsky, James S.

    1976-01-01

    On the premise that corporate counsel must be an able diagnostician before he can focus on highly specialized and interrelated issues of business law, the author suggests an approach to corporate law curriculum in which the basic course balances the quality and quantity of material designed to create the needed sensitivity. (JT)

  6. Laws of Network Value

    Directory of Open Access Journals (Sweden)

    Juan M.C. Larrosa

    2016-12-01

    Full Text Available The valuation of a social network is an issue that has been addressed based on simplifying approaches. Various value laws have been stipulated, which are largely atheoretical but have been effectively used to estimate the potential economic value of social network-based firms. This review highlights the various contributions used in the recent literature on networks valuation laws.

  7. Law Education Resources.

    Science.gov (United States)

    Letwin, Alita Zurav

    1983-01-01

    Course outlines and timelines for a junior high school elective, "Youth and the Law," and a senior high school elective, "Criminal and Civil Law," are provided. A sample brochure about a supplementary television series for the junior high course is also included. (SR)

  8. Social Studies: Law Education.

    Science.gov (United States)

    Curriculum Review, 1979

    1979-01-01

    Reviews 11 series, texts, supplements, kits, and professional references for law instruction, including civil and criminal law, the Bill of Rights, and controversial legal issues: arson, gun control, capital punishment, and euthanasia. While all grade levels are covered, the emphasis is on secondary-level materials. (SJL)

  9. The Law of Elasticity

    Science.gov (United States)

    Cocco, Alberto; Masin, Sergio Cesare

    2010-01-01

    Participants estimated the imagined elongation of a spring while they were imagining that a load was stretching the spring. This elongation turned out to be a multiplicative function of spring length and load weight--a cognitive law analogous to Hooke's law of elasticity. Participants also estimated the total imagined elongation of springs joined…

  10. Essay on nuclear law

    International Nuclear Information System (INIS)

    Puig, Diva

    1994-01-01

    This book is divided in seven parts, covering international organizations in nuclear energy. agreements, nuclear laws and environment, national legislation program and Uruguayan legislation. The texts of the nuclear laws in Uruguay are reproduced, and several aspects on nuclear energy are discussed

  11. International nuclear law

    International Nuclear Information System (INIS)

    Mello, M.M. de.

    1981-01-01

    The peculiar feature of a developing nuclear law is discussed. Opinions from various writers and jurists are presented. It is concluded that it should be considered as international law, whose main sources are the various treaties, conventions and agreements. (A.L.) [pt

  12. Civil Law and Neuroscience

    NARCIS (Netherlands)

    de Kogel, C.H.; Schrama, W.M.; Smit, M.

    2014-01-01

    The relationship between the brain and human behaviour is receiving increasing attention in legal practice. Much has already been published about the role of neuroscience in criminal law, but surprisingly little is known about its role in civil law. In this contribution, the relevance of

  13. Climate Change Law

    NARCIS (Netherlands)

    Farber, D.A.; Peeters, Marjan

    2016-01-01

    This book brings together over seventy fifty authors for a comprehensive examination of the emerging global regime of climate change law. Despite the relative youth of climate change law, we can already begin to see the outlines of legal regimes addressing climate change mitigation and adaptation

  14. European food law handbook

    NARCIS (Netherlands)

    Meulen, van der B.M.J.; Velde, van der M.; Szajkowska, A.; Verbruggen, R.

    2008-01-01

    This handbook analyses and explains the institutional, substantive and procedural elements of EU food law, taking the General Food Law as a focus point. Principles are discussed as well as specific rules addressing food as a product, the processes related to food and communication about food through

  15. Benford's Law in Astronomy

    Indian Academy of Sciences (India)

    Benford's law predicts the occurrence of the -th digit of numbers in datasets originating from various sources all over the world, ranging from financial data to atomic spectra. It is intriguing that although many features of Benford's law have been proven, it is still not fully understood mathematically. In this paper we ...

  16. Expropriation law in France

    OpenAIRE

    Melot, Romain

    2015-01-01

    In this publication, the editors present the first comparative overview of expropriation law in Europe covering 15 different jurisdictions. For many of the countries represented, this publication is the first English-language description of their national expropriation law. This survey provides a lot of information for all practitioners in the field of expropriation of land.

  17. Teaching Information Technology Law

    Science.gov (United States)

    Taylor, M. J.; Jones, R. P.; Haggerty, J.; Gresty, D.

    2009-01-01

    In this paper we discuss an approach to the teaching of information technology law to higher education computing students that attempts to prepare them for professional computing practice. As information technology has become ubiquitous its interactions with the law have become more numerous. Information technology practitioners, and in particular…

  18. The incorporation of public international law into municipal law and ...

    African Journals Online (AJOL)

    Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist ...

  19. Creating EU law judges

    DEFF Research Database (Denmark)

    Mayoral Diaz-Asensio, Juan Antonio; Jaremba, Urszula; Nowak, Tobias

    2014-01-01

    The judicial protection system in the European Union (EU) is premised on the fact that national judges are supposed to act as decentralized EU judges. This role is exercised through tools enshrined in, inter alia, primacy, direct and indirect effect of EU law, and the preliminary ruling procedure....... However, a number of studies show that national judges experience difficulties in exercising EU competences due to their lack of knowledge in the field of EU law. In this contribution we study the differences in the level of self-evaluation of EU law knowledge among judges, which consequently influence...... the way judges approach EU law. For that purpose we question the relevance of several institutional and socio-legal factors, such as organization of the judiciary, generation, the system of legal education and judicial training and practical experience with EU law. Our analysis is based on data collected...

  20. Price abuse monitoring under paragraph 29 of the Law Against Restraints on Competition; Die Preismissbrauchskontrolle nach paragraph 29 GWB

    Energy Technology Data Exchange (ETDEWEB)

    Koleva, Raliza

    2013-08-01

    Written against the backdrop of criticism levelled at paragraph 29 of the Law Against Restraints on Competition (GWB) the present study undertakes a critical discussion of this legal norm along with questions and points of criticism that have been raised in its context in the literature and case law. It first addresses the central question as to whether paragraph 29 GWB conforms to the stipulations of European law and the German constitution. It then expounds the system behind paragraph 29 GWB, making a detailed examination of the individual elements of the offences covered by the regulation while giving thorough consideration to existing case law on instruments of price abuse monitoring that have been used to date under cartel law. A further focus of the present study is on the question as to what circumstances a supply company under suspicion of price abuse may claim in attempting to justify significant differences that have been found to exist between its own prices and those of a comparable company. This aspect is of great practical relevance in lawsuits concerning price abuse under cartel law, since the option of demonstrating justification is the most important line of approach for supply companies under suspicion of price abuse in attempting to fend off such allegations. Based on an analysis of past practice of the German Federal Cartel Office and the antitrust courts the author undertakes to determine a scale for assessing the costs which the responding supply company can claim in its defence. Finally she endeavours to methodologically capture the price limit concept, making proposals for its practical application with due consideration to the findings that have transpired from the study.

  1. The Practice of Transnational Law

    CERN Document Server

    2000-01-01

    Contents :"The new law merchant and the global market place" by Klaus Peter Berger, "The CENTRAL enquiry on the use of transnational law in international contract law and arbitration", "The UNIDROIT principles and transnational law" by Michael Joachim Bonell, "Examples for the practical application of transnational law", "The questionnaire and results of the CENTRAL enquiry"

  2. Islamic law of tort

    OpenAIRE

    Mohamad, Abdul Basir Bin

    1997-01-01

    The aim of this thesis is to discover cases and principles governing tort in Islamic law. The study is divided into six chapters, an introduction and a conclusion. The Introduction contains the explanation of the general characteristic of crime and tort, the scope, the importance of the study, methodology and the relevant literature of the thesis. Chapter one defines Western and Islamic law of tort, the existence of tort in Islām, some similar concepts between Western and Islām on the law o...

  3. Reconfiguring trade mark law

    DEFF Research Database (Denmark)

    Elsmore, Matthew James

    2013-01-01

    -border setting, with a particular focus on small business and consumers. The article's overall message is to call for a rethink of received wisdom suggesting that trade marks are effective trade-enabling devices. The case is made for reassessing how we think about European trade mark law.......First, this article argues that trade mark law should be approached in a supplementary way, called reconfiguration. Second, the article investigates such a reconfiguration of trade mark law by exploring the interplay of trade marks and service transactions in the Single Market, in the cross...

  4. Law, Literature and Society

    Directory of Open Access Journals (Sweden)

    Ursula Miranda Bahiense de Lyra

    2016-06-01

    Full Text Available This research aims to highlight the importance of literature in critical thinking about the law, coupled with the search for the emergence of an autonomous political subject and as a possibility of materialization of a new right . This shall be used , bibliographic research , seeking at first discuss the historical background of the "Law and Literature Moviment " to later approach the thought of Michel Foucault , their ideas about power, the constitution subjectivity , the ethical dimension of the subject and the care of itself, the Aufklärung and its conception of this new law.

  5. Culture and Contract Laws

    DEFF Research Database (Denmark)

    Lando, Ole

    2007-01-01

    In the article it is argued that the wish to preserve the cultural values of national law should not prevent the EU from preparing a Code or an Optional Instrument. The no-code countries on the British Isles and in Scandinavia are the most ardent opponents to the idea of unifying European Contract...... Law by way of a code on Contracts. In both these regions however the absence of a code causes problems. In England a prominent writer has found that the major weakness of the judge-made law is its immense diffusion and the consequent difficulty of access to it and the Nordic countries face the same...

  6. Changes in environmental law

    International Nuclear Information System (INIS)

    Mayer-Tasch, P.C.

    1978-01-01

    In this study the changing process of environmental law is depicted which is marked by the ecological crisis and the increasing pressure of the ecological movement. Main emphasis is laid on the analysis of the reform of the ecological licensing and voidance procedures which is in the centre of the discussion about (environmental) law policy as well as on the jurisprudential enforcement of the basic environmental right on life and physical integrity. The volume ends with a study on 'Nuclear Energy, Law and Judiciary Power' - a subject which is of immediate interest and special significance with its far-reaching political consequences for ecology, energy, and economics. (orig.) [de

  7. Business Law, Europe

    DEFF Research Database (Denmark)

    Fomcenco, Alex; Werlauff, Erik

    This book is a must-have for any business advisor that operates on a cross-border level in the European Union, EU. Regardless of whether you already have solid knowledge about doing business in the EU or you are just taking your first steps on this corporate scene, Business Law, Europe should...... be the book within your reach. We call it “Our Corporate Bible”. In an easily comprehendible way we address some of the most essential issues of business law, and provide guidelines and clarity for understanding and proper application of the legal provisions that govern business law in Europe....

  8. Russian Law and Globalization

    Directory of Open Access Journals (Sweden)

    David Fishman

    2016-01-01

    Full Text Available The Faculty of Law of the University of Helsinki is committed to diverse and internationally collaborative approaches to studying various legal systems in the context of comparative law, and UHLS and the Law Faculty of the National Research University, Higher School of Economics have developed an ongoing program to undertake this effort. The original annual conference series on the Development of Russian Law was launched in 2008 as an initiative to further knowledge and critical thinking about Russian law during its period of transition and modernization. The conference is held annually and brings together legal practitioners and scholars from Russia, Finland and elsewhere to discuss important matters of Russian law, legal reform, and legal practice. Prior years’ Conference themes have included discussions of legal reforms, the justice system, the Russian legal profession, human rights, civil and business law, legal policy, rule-of-law and market economy.This year’s program was designed to attract law faculty, scholars from different disciplines, and also practicing lawyers, to address a wide range of topics grouped around the general theme of how the phenomenon and challenges of globalization affect Russian legal system development. The call for papers included: (i Relationships between Russian domestic and international law, (ii The impacts of international legal institutions on the development of Russian law(s, (iii Globalization in the field of business law, (iv Global law & Russian legal theory, (v Regional models of legal cooperation and Russia’s participation, (vi Transnational legal problems in areas such as constitutionalism and rule-of-law, (vii Theoretical and applied implications of the concept of global transplants, and (viii A global human rights agenda, including Russia’s place in this agenda.This was a very ambitious and multi-faceted undertaking. Through a process of careful evaluation, the Conference organizers produced

  9. Lawful Permanent Residents - Annual Report

    Data.gov (United States)

    Department of Homeland Security — A lawful permanent resident (LPR) or 'green card' recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United...

  10. Understanding scaling laws

    International Nuclear Information System (INIS)

    Lysenko, W.P.

    1986-01-01

    Accelerator scaling laws how they can be generated, and how they are used are discussed. A scaling law is a relation between machine parameters and beam parameters. An alternative point of view is that a scaling law is an imposed relation between the equations of motion and the initial conditions. The relation between the parameters is obtained by requiring the beam to be matched. (A beam is said to be matched if the phase-space distribution function is a function of single-particle invariants of the motion.) Because of this restriction, the number of independent parameters describing the system is reduced. Using simple models for bunched- and unbunched-beam situations. Scaling laws are shown to determine the general behavior of beams in accelerators. Such knowledge is useful in design studies for new machines such as high-brightness linacs. The simple model presented shows much of the same behavior as a more detailed RFQ model

  11. Motorcycle helmet use laws

    Science.gov (United States)

    2007-02-01

    The National Highway Traffic Safety : Administration encourages each : State to have and enforce a law : requiring all motorcycle operators : and passengers to wear a helmet : meeting FMVSS 218. Motorcycle : helmets provide the best protection : from...

  12. Law, Democracy & Development

    African Journals Online (AJOL)

    Law, Democracy & Development. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 5, No 2 (2001) >. Log in or Register to get access to full text downloads.

  13. The Biogenetic Law

    Science.gov (United States)

    Kapadia, Ramesh

    1975-01-01

    A criterion for development of syllabi for mathematics courses is discussed. This criterion is based on the biogenetic law that individuals develop through all the stages of the development of the species. (SD)

  14. Radiology and the law

    International Nuclear Information System (INIS)

    Bundy, A.L.

    1988-01-01

    This book contains 12 chapters. Some of the chapter titles are: The Law of Medical Malpractice: An Overview; The Radiologist as Defendant; The Radiologist as an Expert Witness; The Missed Diagnosis; Legalities of the Radiograph; and Angiography and Interventional Radiology

  15. Operational Law Handbook

    Science.gov (United States)

    1993-01-01

    prevention. It requires Secretaries of Military Departments and Heads of Defense Agenres to develop and revise Hazardous Material Pollution Prevention Plans...or Federal law-i. Us.C. A33m Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the...enforce those laws or to suppress the rebellion . S-1 pmoxdo of dvun rghts-ir u. A333. The President, by using the militia or the armed forces, or both, or

  16. Euthanasia and criminal law

    OpenAIRE

    Ullrichová, Petra

    2008-01-01

    71 8. Summary- Euthanasia and criminal law Euthanasia is often regarded as a controversial topic that is being discussed all around the world. The legislative rules differ among the countries to various extent. The scope of this work is to offer a summary of legal regulations in euthanasia, particulary in the area of criminal law and a several examples of these regulations in Europe, USA and Australia. In the first chapter, the term of euthanasia is defined which is necessary for the purpose ...

  17. 76 FR 63659 - Antitrust Division

    Science.gov (United States)

    2011-10-13

    ... Cooperative Research and Production Act of 1993; Network Centric Operations Industry Consortium, Inc. Notice... Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (``the Act''), Network Centric Operations... Analyses, Alexandria, VA; Center for Netcentric Product Research, East Hartford, CT; Vector Planning and...

  18. 77 FR 38831 - Antitrust Division

    Science.gov (United States)

    2012-06-29

    ... Production Act of 1993--Bluetooth Sig, Inc. Notice is hereby given that, on May 30, 2012, pursuant to Section... Act''), Bluetooth SIG, Inc. has filed written notifications simultaneously with the Attorney General... Bluetooth SIG, Inc., Kirkland, WA. The nature and scope of Bluetooth SIG, Inc.'s standards development...

  19. 75 FR 70031 - Antitrust Division

    Science.gov (United States)

    2010-11-16

    ...) operate a branding program based upon distinctive trademarks to create high customer awareness of, demand... or subcontract a branding program; (vii) create printed and/or electronic materials for distribution to members and non-members; (viii) maintain its own Web site; (ix) coordinate the promotion of...

  20. GENERAL PRINCIPLES OF LAW

    Directory of Open Access Journals (Sweden)

    Elena ANGHEL

    2016-05-01

    Full Text Available According to Professor Djuvara “law can be a science, and legal knowledge can also become science when, referring to a number as large as possible of acts of those covered by law, sorts and connects them by their essential characters upon legal concepts or principles which are universally valid, just like the laws of nature”. The general principles of law take a privileged place in the positive legal order and represent the foundation of any legal construction. The essence of the legal principles resides in their generality. In respect of the term “general”, Franck Moderne raised the question on the degree of generality used in order to define a principle as being general – at the level of an institution, of a branch of the law or at the level of the entire legal order. The purpose of this study is to find out the characteristics of law principles. In our opinion, four characteristics can be mentioned.

  1. Consumer in insurance law

    Directory of Open Access Journals (Sweden)

    Čorkalo Milena

    2016-01-01

    Full Text Available The paper analyses the notion of consumer in the European Union law, and, in particular, the notion of consumer in insurance law. The author highligts the differences between the notion of consumer is in aquis communautaire and in insurance law, discussing whether the consumer can be defined in both field in the same way, concerning that insurance services differ a lot from other kind of services. Having regarded unequal position of contracting parties and information and technical disadvantages of a weaker party, author pleads for broad definition of consumer in insurance law. In Serbian law, the consumer is not defined in consistent way. That applies on Serbian insurance law as well. Therefore, the necessity of precise and broad definition of consumes is underlined, in order to delimit the circle of subject who are in need for protection. The author holds that the issue of determination of the circle of persons entitled to extended protection as consumers is of vital importance for further development of insurance market in Serbia.

  2. 28 CFR 0.40 - General functions.

    Science.gov (United States)

    2010-07-01

    ... civil proceedings, of the Federal antitrust laws and other laws relating to the protection of... possible violations of antitrust laws, conduct of grand jury proceedings, issuance and enforcement of civil... damages for injuries sustained by the United States as a result of antitrust law violations, proceedings...

  3. Comparative law as method and the method of comparative law

    NARCIS (Netherlands)

    Hage, J.C.; Adams, M.; Heirbaut, D.

    2014-01-01

    This article addresses both the justificatory role of comparative law within legal research (comparative law as method) and the method of comparative law itself. In this connection two questions will be answered: 1. Is comparative law a method, or a set of methods, for legal research? 2. Does

  4. CATEGORY OF CIRCUMVENTION OF THE LAW IN RUSSIAN CIVIL LAW

    OpenAIRE

    Kamyshanskiy V. P.

    2014-01-01

    This article examines the concept of "circumvention of the law" with respect to Treaty law. The author finds that the direct loan category "circumvention of the law" in Treaty law can be estimated ambiguously. The specified category which is fragmentary reflected in the active Civil codex indicates a regulatory gap

  5. Learning the Law: Law Education for Young North Carolinians.

    Science.gov (United States)

    Edwards, Wanda Rushing; Carr, Edward G., Jr.

    Arranged in five chapters, this supplementary resource for junior high students contains information on the history, practical applications, and social consequences of the law. In chapter 1, students are introduced to the origin of laws through examination of a fable, the relationship between government and laws, types of laws, and law…

  6. Ogba Philosophy of Human Positive Law UA Dike Introduction Laws ...

    African Journals Online (AJOL)

    Religion Dept

    This research work is centered on the concept of human positive law in Ogba. Land of Rivers State, Nigeria. The law as promulgated in ... laws of the and which says that female dogs should not be allowed to live in Ogba Land. This law was ..... modern means of communication. Thus in addition to dispatching a town crier to ...

  7. Handbook on nuclear law

    International Nuclear Information System (INIS)

    Stoiber, C.; Baer, A.; Pelzer, N.; Tonhauser, W.

    2006-02-01

    The objective of this handbook is to assist States in drafting national legislation that provides an adequate legal basis for pursuing the economic and social benefits of nuclear energy and ionizing radiation. At the outset, therefore, it is important to offer a basic concept of nuclear law. In the light of these basic factors, nuclear law can be defined as: The body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation. Before attempting to identify which special aspects of nuclear law distinguish it from other types of law, it is important to highlight briefly the fundamental reason why a State would decide to make the major effort necessary in order to promulgate such legislation. Simply stated, the primary objective of nuclear law is: To provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner which adequately protects individuals, property and the environment. In light of this objective, it is particularly important that responsible authorities carefully assess their current nuclear energy activities and their plans for future nuclear energy development so that the legislation ultimately adopted is adequate. What are the characteristics of nuclear law that distinguish it from the other aspects of national law? A number of basic concepts, often expressed as fundamental principles, can be mentioned in this regard: (a) The safety principle. (B) The security principle. (C) The responsibility principle. (D) The permission principle. (E) The continuous control principle. (F) The compensation principle. (G) The sustainable development principle. (H) The compliance principle. (I) The independence principle. (J) The transparency principle. (K) The international co-operation principle

  8. Handbook on nuclear law

    International Nuclear Information System (INIS)

    Stoiber, C.; Baer, A.; Pelzer, N.; Tonhauser, W.

    2003-07-01

    The objective of this handbook is to assist States in drafting national legislation that provides an adequate legal basis for pursuing the economic and social benefits of nuclear energy and ionizing radiation. At the outset, therefore, it is important to offer a basic concept of nuclear law. In the light of these basic factors, nuclear law can be defined as: The body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation. Before attempting to identify which special aspects of nuclear law distinguish it from other types of law, it is important to highlight briefly the fundamental reason why a State would decide to make the major effort necessary in order to promulgate such legislation. Simply stated, the primary objective of nuclear law is: To provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner which adequately protects individuals, property and the environment. In light of this objective, it is particularly important that responsible authorities carefully assess their current nuclear energy activities and their plans for future nuclear energy development so that the legislation ultimately adopted is adequate. What are the characteristics of nuclear law that distinguish it from the other aspects of national law? A number of basic concepts, often expressed as fundamental principles, can be mentioned in this regard: (a) The safety principle; (b) The security principle; (c) The responsibility principle; (d) The permission principle; (e) The continuous control principle; (f) The compensation principle; (g) The sustainable development principle; (h) The compliance principle; (i) The independence principle; (j) The transparency principle; (k) The international co-operation principle

  9. Handbook on nuclear law

    International Nuclear Information System (INIS)

    Stoiber, C.; Baer, A.; Pelzer, N.; Tonhauser, W.

    2006-06-01

    The objective of this handbook is to assist States in drafting national legislation that provides an adequate legal basis for pursuing the economic and social benefits of nuclear energy and ionizing radiation. At the outset, therefore, it is important to offer a basic concept of nuclear law. In the light of these basic factors, nuclear law can be defined as: The body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation. Before attempting to identify which special aspects of nuclear law distinguish it from other types of law, it is important to highlight briefly the fundamental reason why a State would decide to make the major effort necessary in order to promulgate such legislation. Simply stated, the primary objective of nuclear law is: To provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner which adequately protects individuals, property and the environment. In light of this objective, it is particularly important that responsible authorities carefully assess their current nuclear energy activities and their plans for future nuclear energy development so that the legislation ultimately adopted is adequate. What are the characteristics of nuclear law that distinguish it from the other aspects of national law? A number of basic concepts, often expressed as fundamental principles, can be mentioned in this regard: (a) The safety principle. (B) The security principle. (C) The responsibility principle. (D) The permission principle. (E) The continuous control principle. (F) The compensation principle. (G) The sustainable development principle. (H) The compliance principle. (I) The independence principle. (J) The transparency principle. (K) The international co-operation principle

  10. Natural Law And Civil Law in John Locke

    Directory of Open Access Journals (Sweden)

    Gustavo Hessmann Dalaqua

    2015-01-01

    Full Text Available This paper deals with the relationship between natural law and civil law in John Locke’s philosophy. Although renowned scholars have claimed that such a relationship is deductive, this paper will try to show a different interpretation and argue that the relationship between civil law and natural law is one of determination. Far from being a mere deduction of an immutable natural law, civil law plays a determinative role in natural law. As we shall see, this interpretation highlights something that Locke held in high regard: the deliberative character of natural law. Citizens’ deliberation in the legislature to some extent creates natural law. Citizens are thus free to determine the law, and participating in such a determination is crucial to their political liberty. In this sense, as we shall explain, Locke’s political liberty is akin to republicanism.

  11. 47 CFR 1.1902 - Exceptions.

    Science.gov (United States)

    2010-10-01

    ...) Claims based in whole or in part on conduct in violation of the antitrust laws, or in regard to which... based in whole or in part on conduct in violation of the antitrust laws or any claim involving fraud...

  12. 77 FR 2478 - Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish of the Gulf of Alaska; Amendment 88

    Science.gov (United States)

    2012-01-18

    .... Rockfish cooperatives formed under the Rockfish Program are subject to existing antitrust laws. Collective price negotiation by a rockfish cooperative must be conducted in accordance with existing antitrust laws...

  13. 29 CFR 100.603 - Debts that are covered.

    Science.gov (United States)

    2010-07-01

    ... whole or in part on conduct in violation of the antitrust laws; (4) A debt under the Internal Revenue... fraud, false claims, misrepresentation, or which violate antitrust laws will be promptly referred to the...

  14. 37 CFR 404.7 - Exclusive, co-exclusive and partially exclusive licenses.

    Science.gov (United States)

    2010-07-01

    ... lessen competition or create or maintain a violation of the Federal antitrust laws; and (iv) The Federal... maintain a violation of the Federal antitrust laws. (2) In addition to the provisions of § 404.5, the...

  15. International Space Law

    Directory of Open Access Journals (Sweden)

    M. Lits

    2017-01-01

    Full Text Available It is well known that the modern day technologies that drive our global society are highly dependent on the use of outer space. For example, daily activities such as sending emails, making phone calls and carrying out bank transactions cannot be done unless satellite technologies are involved. When you catch a plane, the air traffic control is dependent on GPS. Even natural disaster management is dependent on satellite imaging. Taking into account the importance of this, it becomes increasingly necessary to be knowledgeable in the field of international law as it is the only sphere of law that reaches beyond the physical boundaries of the Earth, goes deep into space and provides protection for today’s society. With new steps being taken to exploit further the potentials of outer space, and with increasing talk of new space missions and new discoveries, current international space law is being placed under scrutiny, for it should be remembered that the major international legal documents in this field were adopted in the middle of the 20th century, and thus there are fears that the law may have become obsolete, irrelevant in the face of new challenges in the use of outer space. This paper delivers an analysis of existing international space law and attempts to raise several crucial issues pertinent in the area.

  16. Towards a European contract law

    NARCIS (Netherlands)

    Hondius, E.H.

    2000-01-01

    I. Introduction. II. Subject-matter of this paper. III. Constitutionality. IV. Codification. V. Is it Feasible?VI. Howto proceed. VII. New problems: finding the Law. VIII. The Netherlands, Belgium and Germany. IX. Common Law and Civil Law. X. East and west. XI. European Community Law. XII.

  17. Criminal Law in Denmark

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Denmark. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study......Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Denmark. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds...... to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre...

  18. Online Law Dictionaries

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2012-01-01

    Online dictionaries that assist users in writing legal texts in English as a foreign language are important lexicographic tools. They can help law students bridge the factual and linguistic gaps between the two legal universes involved. However, existing online law dictionaries with English...... in English as a foreign language. The function theory of lexicography offers an appropriate basis as it focuses on three key concepts: user needs, user competences, and user situations. It is proposed that online dictionaries should be designed to satisfy the lexicographically relevant user needs...... by containing the types of data that can best satisfy the needs of students at the three stages of legal text production: draft writing, revising and editing. The theoretical aspects discussed are supported by examples from the online CISG Dictionary, which is a lexicographic tool developed to help Danish law...

  19. Atomic energy law Netherlands

    International Nuclear Information System (INIS)

    Bischof, W.

    1976-01-01

    The volume contains the valid national legal regulations of the Kingdom of the Netherlands in the field of the peaceful uses of nuclear energy as per October 1st, 1975. These regulations are arranged according to the following subjects: 1) general atomic energy law and organization; 2) liability; 3) nuclear facilities, reactor ships, fissionable material and ores; 4) radiation protection; 5) carriage; 6) import and export; 7) international agreements. Within these subject groups the regulations are presented chronologically. They have consecutive numbers, printed at the top of the margins for easier location. As a rule, the full text of the laws, royal ordonances and ministerial orders is given. However, in the case of regulations only containing in parts stipulations concerning nuclear law, only the pertinent texts have been considered. (orig./HP) [de

  20. Gas and electrical utilities owned by local governments. A development reviewed from the viewpoint of price control in the framework of the antitrust laws and the German Energy Act

    International Nuclear Information System (INIS)

    Wolf, A.

    1994-01-01

    There is no legal obligation of local governments to run electric utilities or gas works as public utilities, but logal governments have the right to do so. If they so wish, a vital requirement is to produce evidence of the long-term economic efficiency, to be presented among others to the supervisory Land authority for public utilities, which has to grant a licence under section 5 EnWG. The licence should not be issued unless proof is given of the long-term economic efficiency on the basis of near-to-competition prices and taking into account cost advantages due to local infrastructural conditions. The costs of deprivatisation - take-over costs, deconcentration and integration costs - must not be used to justify higher rates charged by public, local government utilities in comparison to regional utilies. (orig./HSCH) [de

  1. MEDICAL LAW AND ETHICS

    Directory of Open Access Journals (Sweden)

    Sunčica Ivanović

    2013-09-01

    Full Text Available The subject of interest in this article is the importance of knowing and connecting medical ethics and medical law for the category of health workers. The author believes that knowledge of bioethics which as a discipline deals with the study of ethical issues and health care law as a legal discipline, as well as medical activity in general, result in the awareness of health professionals of human rights, and since the performance of activities of health workers is almost always linked to the question of life and death, then the lack of knowledge of basic legal acts would not be justified at all. The aim of the paper was to present the importance of medical ethics and medical law among the medical staff. A retrospective analysis of the medical literature available on the indexed base KOBSON for the period 2005-2010 was applied. Analysis of all work leads to the conclusion that the balance between ethical principles and knowledge of medical law, trust and cooperation between the two sides that appear over health care can be considered a goal that every health care worker should strive for. This study supports the attitude that lack of knowledge and non-compliance with the ethical principles and medical law when put together can only harm the health care worker. In a way, this is the message to health care professionals that there is a need for the adoption of ethical principles and knowledge of medical law, because the most important position of all health workers is their dedication to the patient as a primary objective and the starting point of ethics.

  2. Scaling law systematics

    International Nuclear Information System (INIS)

    Pfirsch, D.; Duechs, D.F.

    1985-01-01

    A number of statistical implications of empirical scaling laws in form of power products obtained by linear regression are analysed. The sensitivity of the error against a change of exponents is described by a sensitivity factor and the uncertainty of predictions by a ''range of predictions factor''. Inner relations in the statistical material is discussed, as well as the consequences of discarding variables.A recipe is given for the computations to be done. The whole is exemplified by considering scaling laws for the electron energy confinement time of ohmically heated tokamak plasmas. (author)

  3. Hardship in Bulgarian Law

    Directory of Open Access Journals (Sweden)

    Silviya TSONEVA

    2011-03-01

    Full Text Available The article deals with the legal treatment of hardship(change of circumstances in Bulgarian law trying to show where it stands in comparison with other legislations (Germany, England, USA and international legal instruments (Unidroit Principles on International Commercial Contracts and Principles of European Contract Law. An overall picture of the different approaches to hardship is concisely presented. Hardship prerequisites and effects are analyzed with a stress on specific problems identified in some recent Bulgarian court decisions. Attention is drawn to certain. concepts and reasoning in other legal systems that may be helpful to Bulgarian theory and practice when dealing with hardship cases.

  4. Law of procedure

    International Nuclear Information System (INIS)

    Witt, S. de.

    1984-01-01

    The real protection of fundamental rights of the population does not only depend on the substantive concretization in the atomic energy law but also on its procedural shaping. The more the citizens are burdened by governmental decisions the more decidedly it is requested not only by the principle of democracy, but also by the principle of law, that the parties concerned participate intensively in the procedure. In this second contribution De Witt describes the atomic energy licensing procedure and compares it with this claim. (orig./HSCH) [de

  5. The law of elasticity

    Directory of Open Access Journals (Sweden)

    Sergio Cesare Masin

    2010-01-01

    Full Text Available Participants estimated the imagined elongation of a spring while they were imagining that a load was stretching the spring. This elongation turned out to be a multiplicative function of spring length and load weight-a cognitive law analogous to Hooke¿s law of elasticity. Participants also estimated the total imagined elongation of springs joined either in series or in parallel. This total elongation was longer for serial than for parallel springs, and increased proportionally to the number of serial springs and inversely proportionally to the number of parallel springs. The results suggest that participants integrated load weight with imagined elasticity rather than with spring length.

  6. European Corporate Law

    DEFF Research Database (Denmark)

    Dorresteijn, Adriaan; Teichmann, Christoph; Werlauff, Erik

    , and the United Kingdom are taken into account; Italy is now included in this new edition. As in earlier editions, the authors demonstrate that analysis and comparison of national corporate laws yield highly valuable general principles and observations, not least because business organizations, wherever located...... initiatives in such aspects of the corporate environment as regulation of financial institutions and non-financial reporting obligations with a view to sustainability and other social responsibility concerns. The authors, all leading experts in European corporate law, describe current and emerging trends...

  7. Unilateralism in International Law

    DEFF Research Database (Denmark)

    Hartmann, Jacques

    2015-01-01

    international law. This note considers when and how a State or a regional organisation may legitimately take unilateral measures to protect the environment. The note will does not consider the legality of including foreign aircraft within the ETS, which has been dealt with elsewhere. Instead, it will focus...... on the legality and importance of unilateral acts for the development of international law.......The 1997 Kyoto Protocol deferred negotiations on emissions from aviation to the International Civil Aviation Organization (ICAO). Also within this specialised body, agreement on how to deal with emissions from aviation has been difficult to reach.Frustrated by the lack of progress, the European...

  8. Transsexualism and the law.

    Science.gov (United States)

    Green, R

    1994-01-01

    Transsexuals pose dilemmas for the law in (a) defining a male or a female; (b) deciding what partners are legally acceptable for marriage; (c) assessing the best interests of children after divorce; (d) interpreting employment discrimination based on gender or handicap; (e) permitting public cross dressing; (f) reviewing third-party reimbursement for medical procedures that may be deemed cosmetic or experimental; (g) determining eligibility for sports competition; (h) meeting military needs; and (i) determining socially and medically acceptable treatment in prison. Leading law cases are reviewed in each area, with commentary on relevant research findings.

  9. The trespasses of property law.

    Science.gov (United States)

    Wall, Jesse

    2014-01-01

    The purpose of this article is to identify a limit to the appropriate application of property law to the use and storage of bodily material. I argue here that property law ought to be limited to protecting 'contingent rights' and that recent cases where property rights have been recognised in semen represent the application of property law beyond this limit. I also suggest how the law ought to develop in order to avoid the overextensive use of property law.

  10. Mandeville on Corruption and Law

    OpenAIRE

    Simonazzi, Mauro

    2015-01-01

    This essay makes a distinction between two different meanings of the word «corruption»: moral corruption and legal corruption. The thesis is that in Mandeville's thought vice can be useful, while crime is always damaging. In this perspective, law is fundamental to tell vice from crime. Three points are examined: 1) the relationships between law and human nature, law and ethics, law and society; 2) the analysis of Mandeville's theory of law, in particular its nature and development; 3) the the...

  11. Regulating Listed Companies: Between Company Law and Financial Market Law in Danish Law

    DEFF Research Database (Denmark)

    Clausen, Nis Jul

    2011-01-01

    The article discusses different elements and aspects of the regulation of listed companies in particular whether such regulation should be placed in company law or in financial marked law.......The article discusses different elements and aspects of the regulation of listed companies in particular whether such regulation should be placed in company law or in financial marked law....

  12. Free Movement of Companies under Company Law, Tax Law and EU Law

    DEFF Research Database (Denmark)

    Neville, Mette; Winther-Sørensen, Niels; Engsig Sørensen, Karsten

    2001-01-01

    Free movement of companies whereby they either transfers their de facto head office or their registered office from one member state to another is regulated by both company law, tax law and EU law. The interplay between these areas of law are analysed to determine whether such transfers are posible....

  13. Strike Laws, Not Children.

    Science.gov (United States)

    Robertson, Heather-Jane

    2000-01-01

    In 1999, a coalition of child advocacy groups, the Canadian Foundation for Children, Youth, and the Law, challenged Section 43 of Canada's criminal code, which permits "reasonable force" in disciplining children. The heavily debated issue turns on judges' varied interpretations. A court decision is expected by year's end. (MLH)

  14. LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    execute laws.”5. Similarly, Moseneke provides the following practical explanation of the doctrine: “Checks and balances ensure that all branches of government are interdependent, and that no single branch may act ...... motion of no confidence in the President be conducted by secret ballot.96 The Speaker maintained that ...

  15. LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    German-South African Dialogue on Democracy: The Preconditions of .... under apartheid and the centrality of the rule of law under the new constitutional dispensation.11 The politics of ..... uncertainty into the political system: Ballard R, Habib A & Valodia I “Conclusion: making sense of post- apartheid South Africa's voices of ...

  16. Haramaya Law Review

    African Journals Online (AJOL)

    The Haramaya Law Review (HLR) publishes original scientific manuscripts and disseminates scientific and information to the users in Ethiopia, Africa and elsewhere in the world. It also enhances exchange of ideas among scientists engaged in research and development activities and accepts papers from anywhere else in ...

  17. LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    13 John D International law, a South African perspective 3 ed (Cape Town: Juta 2006) at 43. 14 Adopted 28 July 1951, entered into ..... centre stage in the endeavours by the Government to control the refugees.75 With the use of the encampment policy as the .... Their flight from protracted and brutal forms of armed conflict to ...

  18. Panarchy and the Law

    Directory of Open Access Journals (Sweden)

    J. B. Ruhl

    2012-09-01

    Full Text Available Panarchy theory focuses on improving theories of change in natural and social systems to improve the design of policy responses. Its central thesis is that successfully working with the dynamic forces of complex adaptive natural and social systems demands an active adaptive management regime that eschews optimization approaches that seek stability. This is a new approach to resources management, and yet no new theory of how to do things in environmental and natural resources management, particularly one challenging entrenched ways of doing things and the interests aligned around them, is likely to gain traction in practice if it cannot gain traction in the form of endorsement and implementation through specific laws and regulations. At some point, that bridge must be crossed or the enterprise of putting panarchy theory into panarchy practice will stall. Any effort to operationalize panarchy theory through law thus comes up against the mission of law to provide social stability and the nature of law itself as a complex adaptive system. To state the problem in another way, putting panarchy theory into practice will require adaptively managing the complex adaptive legal system to adaptively manage other complex adaptive natural and social systems, all in a way that maintains some level of social order. Panarchy theorists have yet to develop an agenda for doing so. It is time for lawyers to join the team.

  19. Constitutionalization of environmental law

    Directory of Open Access Journals (Sweden)

    Luis Huerta Guerrero

    2013-12-01

    Full Text Available This article analyzes how Environmental Law can take intoconsideration some of fundamental rights study categories, by a constitutional point of view, particularly the right to a balanced and appropriate environment recognized in article 2, paragraph 22 of the 1993 Peruvian Constitution in order to develop policies oriented to implementation of constitutional legal status for environment rights and property.

  20. law - the Zambian experience

    African Journals Online (AJOL)

    would not comprise matter relating to national security.15 Under such law the government would set conditions under which such information could be obtained.16 However, sometime in February 2001, the government published for stakeholder input a draft Freedom of Information Bill. The Zambia Inde- pendent Media ...

  1. Putting Law into Ethics.

    Science.gov (United States)

    Lieberman, Jethro K.

    1979-01-01

    The evolution of ethics in law is followed from the harshness of caveat emptor to the humanistic ethics of the 1970s, including a renewal of formal ethics in the post-Watergate era. The impact on universities and individual disciplines of legalizing ethical conduct is examined cautiously. (JMF)

  2. Nuclear law in progress

    International Nuclear Information System (INIS)

    Manóvil, Rafael Mariano

    2014-01-01

    The 21. AIDN / INLA Congress was organized by the International Nuclear Law Association, in Buenos Aires, between the October 20 and 23, 2014. In this event, were presented almost 50 papers about these subjects: radioactive sources, safety and licensing, radioactive waste management, radiation protection, nuclear transport, security and non-proliferation, nuclear liability and insurance, etc.

  3. Nanoplasmonics beyond Ohm's law

    DEFF Research Database (Denmark)

    Mortensen, N. Asger; Toscano, Giuseppe; Raza, Søren

    2012-01-01

    -of-motion that goes beyond the common local-response approximation and use of Ohm's law as the central constitutive equation. The electron gas is treated within a semi-classical hydrodynamic model with the emergence of a new intrinsic length scale. We briefly review the new governing wave equations and give examples...

  4. European media law

    NARCIS (Netherlands)

    Castendyk, O.; Dommering, E.; Scheuer, A.

    2008-01-01

    European Union legislation concerning electronic communications media is firmly established as an essential part of the law in the field in Europe. From relevant provisions of the European Convention of Human Rights and the EC Treaty to numerous directives, the most recent being the Audiovisual

  5. Culture and Contract Laws

    DEFF Research Database (Denmark)

    Lando, Ole

    2007-01-01

    In the article it is argued that the wish to preserve the cultural values of national law should not prevent the EU from preparing a Code or an Optional Instrument. The no-code countries on the British Isles and in Scandinavia are the most ardent opponents to the idea of unifying European Contract...

  6. Mizan Law Review

    African Journals Online (AJOL)

    Mizan Law Review publishes peer reviewed scholarly articles that identify, examine, explore and analyze legal and related principles, stipulations and concepts based on research findings. Mizan's articles aim at interpretation, description, exploration and diagnosis towards the solution of problems (or legal issues) ...

  7. International institutional law

    CERN Document Server

    Schermers, Henry G

    1972-01-01

    In several respects the present study is an enlargement of a former analysis about the specialized agencies of the United Nations to more organisations and into further detail. In particular the creation of the European Communities, adding new aspects to international institutional law, have received attention.

  8. | Yilma | Mizan Law Review

    African Journals Online (AJOL)

    The dynamic advances in the domain of the Internet have thus necessitated corresponding changes in Ethiopias intellectual property legal regime including copyright laws in relation with computer programs, databases, online service provision and Digital Rights Management systems (DRMs). New issues are also steadily ...

  9. Laws of emotion

    NARCIS (Netherlands)

    Frijda, N.H.

    2006-01-01

    The Laws of Emotion is an accessible new book that reviews much of the insightful new research on emotions conducted over the last ten years. It expands on the theory of emotions introduced in Nico Frijda's earlier work, and addresses a number of unanswered, basic problems on emotion theory. The

  10. 75 FR 8947 - M. Catherine Higgins; Analysis of the Agreement Containing Consent Order to Aid Public Comment

    Science.gov (United States)

    2010-02-26

    ... if conduct is not a per se violation of the antitrust laws, it can be prohibited only by virtue of... support a per se violation of the antitrust laws, we have reason to believe that the conduct in which...'s Executive Director) violated the antitrust laws by allowing competing physicians to jointly...

  11. 76 FR 21350 - Auction of 700 MHz Band Licenses Scheduled for July 19, 2011; Notice and Filing Requirements...

    Science.gov (United States)

    2011-04-15

    ... notices pertaining to this auction. ii. Prohibited Communications and Compliance With Antitrust Laws To... result in enforcement action. h. Antitrust Laws 24. Applicants are also reminded that, regardless of compliance with the Commission's rules, they remain subject to the antitrust laws, which are designed to...

  12. 78 FR 68705 - Premerger Notification; Reporting and Waiting Period Requirements

    Science.gov (United States)

    2013-11-15

    ... or acquisition may violate the antitrust laws if consummated and, when appropriate, to seek a..., violate the antitrust laws. In addition, Section 7A(d)(2) of the Act, 15 U.S.C. 18a(d)(2), grants the..., acquisitions, transfers, or transactions which are not likely to violate the antitrust laws, does not limit the...

  13. 76 FR 62843 - United States v. Morgan Stanley; Proposed Final Judgment and Competitive Impact Statement

    Science.gov (United States)

    2011-10-11

    ... and others from future violations of the antitrust laws. The United States and Morgan have stipulated... of the Antitrust Laws A. The Defendant Morgan Stanley is a Delaware corporation with its principal... prohibited by the antitrust laws may bring suit in federal court to recover three times the damages the...

  14. 76 FR 38700 - United States, et al.

    Science.gov (United States)

    2011-07-01

    ... Division from challenging any rule of Visa or MasterCard under the antitrust laws in the future. In fact... to prevent or restrain violations of the antitrust laws concerning any Rule of MasterCard or Visa... challenging any rule of Visa or MasterCard under the antitrust laws in the future. C. Comment From Consumer...

  15. 77 FR 23202 - Non-Vessel-Operating Common Carrier Service Arrangements

    Science.gov (United States)

    2012-04-18

    ... antitrust laws. See United States v. Gosselin World Wide Moving, N.V., 411 F.3d 502 (4th Cir. 2005), cert... immunity from the antitrust laws. In August 2005, the Commission issued a notice of inquiry to consider... antitrust laws. Finally, the court rejected the argument that an adverse determination on the two grounds...

  16. 75 FR 74719 - Auction of VHF Commercial Television Station Construction Permits Scheduled for February 15, 2011...

    Science.gov (United States)

    2010-12-01

    ... Compliance With Antitrust Laws 7. To ensure the competitiveness of the auction process, 47 CFR 1.2105(c.... Antitrust Laws 25. Applicants are also reminded that, regardless of compliance with the Commission's rules, they remain subject to the antitrust laws, which are designed to prevent anticompetitive behavior in...

  17. 75 FR 9946 - United States v. Keyspan Corporation; Proposed Final Judgment and Competitive Impact Statement

    Science.gov (United States)

    2010-03-04

    ... future violations of the antitrust laws. The United States and KeySpan have stipulated that the proposed... Antitrust Laws A. The Defendant KeySpan Corporation is a New York corporation with its principal place of... restrain'' violations of the antitrust laws and provides that such violations may be ``enjoined or...

  18. 75 FR 40763 - Federal Management Regulation; Sale of Personal Property

    Science.gov (United States)

    2010-07-14

    ... the requirements pertaining to antitrust laws? (a) When the sale of personal property has an estimated... antitrust laws contained in 40 U.S.C. 559, whereby the Attorney General of the Department of Justice must... private interest would tend to create or maintain a situation inconsistent with antitrust laws. (b) When...

  19. 76 FR 78645 - Auction of FM Broadcast Construction Permits Scheduled for March 27, 2012; Notice and Filing...

    Science.gov (United States)

    2011-12-19

    ... Compliance With Antitrust Laws 7. 47 CFR 1.2105(c) prohibits auction applicants for construction permits in... available on the Commission's auction Web page. j. Antitrust Laws 28. Regardless of compliance with the Commission's rules, applicants remain subject to the antitrust laws, which are designed to prevent...

  20. 76 FR 72923 - Pool Corporation; Analysis To Aid Public Comment

    Science.gov (United States)

    2011-11-28

    ... necessary that all competition be removed from the market''). \\6\\ Herbert Hovenkamp, Antitrust Law ] 1802c... Complaint, we have reason to believe that a violation of the antitrust laws has occurred--and that..., may well have violated the antitrust laws. But that is not what happened. The investigation revealed...

  1. 76 FR 3892 - Auction of FM Broadcast Construction Permits Rescheduled for April 27, 2011; Notice and Filing...

    Science.gov (United States)

    2011-01-21

    ... pertaining to this auction. ii. Prohibited Communications and Compliance With Antitrust Laws 8. To ensure the.... Antitrust Laws 26. Applicants are also reminded that, regardless of compliance with the Commission's rules, they remain subject to the antitrust laws, which are designed to prevent anticompetitive behavior in...

  2. 75 FR 42134 - United States v. Keyspan Corporation; Public Comments and Response on Proposed Final Judgment

    Science.gov (United States)

    2010-07-20

    ... under the antitrust laws.'' The PaPUC concluded by noting that ``the PaPUC and other public and private... antitrust laws to protect the integrity of the electricity markets in New York City.'' It argued, however... equitable jurisdiction to ``prevent and restrain'' violations of the antitrust laws). \\11\\ The disgorgement...

  3. 78 FR 2260 - Auction of FM Broadcast Construction Permits Rescheduled for April 23, 2013; Notice of Filing...

    Science.gov (United States)

    2013-01-10

    ... Antitrust Laws 7. To ensure the competitiveness of the auction process, 47 CFR 1.2105(c) of the Commission's... documents are available on the Commission's auction web page j. Antitrust Laws 28. Regardless of compliance with the Commission's rules, applicants remain subject to the antitrust laws, which are designed to...

  4. 50 CFR 679.81 - Rockfish Program annual harvester and processor privileges.

    Science.gov (United States)

    2010-10-01

    ... as permitted by general antitrust law; and (ii) The rockfish cooperative must establish a monitoring... cooperative is formed or is operating in compliance with antitrust law. (5) Application for the rockfish... the antitrust laws of the rockfish cooperative's proposed conduct. Membership in a rockfish...

  5. 41 CFR 102-75.275 - Who determines whether the proposed disposal would create or maintain a situation inconsistent...

    Science.gov (United States)

    2010-07-01

    ... the proposed disposal would create or maintain a situation inconsistent with antitrust laws? 102-75... Real Property Disposal Applicability of Antitrust Laws § 102-75.275 Who determines whether the proposed disposal would create or maintain a situation inconsistent with antitrust laws? The Attorney General...

  6. 75 FR 22792 - Closed Auction of Broadcast Construction Permits Scheduled for July 20, 2010; Notice and Filing...

    Science.gov (United States)

    2010-04-30

    ... with the Commission's rules can result in enforcement action. h. Antitrust Laws 25. Applicants are also... disclosure requirements of 47 CFR 1.2105(c) will not insulate a party from enforcement of the antitrust laws. For instance, a violation of the antitrust laws could arise out of actions taking place well before...

  7. 15 CFR 325.2 - Definitions.

    Science.gov (United States)

    2010-01-01

    ... Certificates of Review. (b) Antitrust laws means the antitrust laws, as the term is defined in the first...) (to the extent that section 5 prohibits unfair methods of competition), and any State antitrust or unfair competition law. (c) Applicant means the person or persons who submit an application for a...

  8. 7 CFR 989.801 - Restrictions applicable to committee personnel.

    Science.gov (United States)

    2010-01-01

    ... from prosecution under the United States antitrust laws only insofar as their conduct in administering.... 601 et seq., or the provisions of the order. Under the antitrust laws. Committee members and employees... under the antitrust laws by the United States Department of Justice and/or suit by injured private...

  9. 41 CFR 102-75.280 - What information concerning a proposed disposal must a disposal agency provide to the Attorney...

    Science.gov (United States)

    2010-07-01

    ... applicability of antitrust laws? 102-75.280 Section 102-75.280 Public Contracts and Property Management Federal... PROPERTY DISPOSAL Surplus Real Property Disposal Applicability of Antitrust Laws § 102-75.280 What... the applicability of antitrust laws? The disposal agency must promptly provide the Attorney General...

  10. Double Taxation Agreements: Between EU Law and Public International Law

    OpenAIRE

    Hofmann, Herwig

    2011-01-01

    After the first drafts of the Treaty of Lisbon were available outside of the small circle of cogniscenti, specialists of the various policies tried to establish whether the new Treaty on European Union (TEU) and Treaty on the Functioning of the European Union (TFEU) contained anything relevant for their specific areas of law. People interested in tax law and those interested in the relation between EU law and public international law quickly established that one familiar yet not always well u...

  11. Setting the Law Straight: Tanganyika Law Society & anor v ...

    African Journals Online (AJOL)

    Enabulele_&_ Bazuaye

    Department of Jurisprudence and International Law, Faculty of Law, University of. Benin, Nigeria; barrister and ... well established in the case law of international courts and tribunals that the purpose of the rule is to allow the .... the right to participate in public/governmental affairs, among others. The applications were later ...

  12. Harmonising the Fragmented Law of Transport Through Soft Law?

    NARCIS (Netherlands)

    F.G.M. Smeele (Frank)

    2016-01-01

    textabstractThis contribution raises the question of whether it is possible to bridge the divide between the various unimodal regimes and to develop a general law of transport. It explores also the role that soft law, such as in the form of a project to draw up Principles of Transport Contract Law,

  13. The Interplay between international law and labour law in South ...

    African Journals Online (AJOL)

    This article investigates the interplay between labour law and international law in the context of the diplomatic employment relationship. The overriding effect of the Constitution of the Republic of South Africa, 1996 as supreme law to protect the labour rights of employees is weighed against the effect of various binding ...

  14. International health law : an emerging field of public international law

    NARCIS (Netherlands)

    Toebes, Brigit

    This article discusses the nature and scope of international health law as an emerging field of public international law. It is argued that the protection of health reflects a pressing social need that should now be spoken of in the vocabulary of international law. Furthermore, there is an urgent

  15. Nuclear law - Nuclear safety

    International Nuclear Information System (INIS)

    Pontier, Jean-Marie; Roux, Emmanuel; Leger, Marc; Deguergue, Maryse; Vallar, Christian; Pissaloux, Jean-Luc; Bernie-Boissard, Catherine; Thireau, Veronique; Takahashi, Nobuyuki; Spencer, Mary; Zhang, Li; Park, Kyun Sung; Artus, J.C.

    2012-01-01

    This book contains the contributions presented during a one-day seminar. The authors propose a framework for a legal approach to nuclear safety, a discussion of the 2009/71/EURATOM directive which establishes a European framework for nuclear safety in nuclear installations, a comment on nuclear safety and environmental governance, a discussion of the relationship between citizenship and nuclear, some thoughts about the Nuclear Safety Authority, an overview of the situation regarding the safety in nuclear waste burying, a comment on the Nome law with respect to electricity price and nuclear safety, a comment on the legal consequences of the Fukushima accident on nuclear safety in the Japanese law, a presentation of the USA nuclear regulation, an overview of nuclear safety in China, and a discussion of nuclear safety in the medical sector

  16. Psychoanalysis and the law.

    Science.gov (United States)

    Eagle, Morris N

    The paper discusses Freud's view of the law as the implementation of collective violence on the individual violator. I focus on the implications of the link between the superego (as the source of moral judgment) and the aggressive drive and suggest that we need to be ever vigilant regarding the danger of employing the law as a disguised means of taking pleasure in collective violence. The paper also discusses Freud's conception of personal responsibility, according to which we are responsible for all our behavior, including unconsciously motivated behavior (such as slips and dreams). However, the kind of responsibility Freud has in mind is not the moral responsibility of blameworthiness or praiseworthiness, but rather responsibility in the sense that, whether or not acknowledged, all our behavior reflects our personal desires and motives. Copyright © 2016 Elsevier Ltd. All rights reserved.

  17. Law in orbit

    International Nuclear Information System (INIS)

    Whitehouse, D.

    1988-01-01

    The paper concerns space law and regulations to cope with the legal problems that space-faring governments must address. In 1957 the General Assembly of the United Nations established a committee on the peaceful uses of outer space (COPUOS), which worked on a treaty for outer space. COPUOS spent from 1962-1971 formulating a liability convention, and in 1976 a moon treaty was proposed. However COPUOS has not been able to reach a concensus on recent issues, including remote-sensing and communications satellites. COPUOS reached the end of its effective life in 1982, and now there is a need for governments to take a new initiative into Space law and regulations to cope with the problems posed by new technology. (U.K.)

  18. Law discourse and images

    Directory of Open Access Journals (Sweden)

    Maria Helena Cruz Pistori

    2015-02-01

    Full Text Available This paper aims to offer some remarks upon the argumentative use of images - mainly photographs - in the legal proceedings of the criminal and labor areas. Notions and categories of dialogical discourse analysis, inspired in the works of Bakhtin and the Circle, are the theoretical-methodological basis of the paper. We understand that every utterance in law proceedings belongs to a genre defined in the ideological sphere of law and, as such, presents a thematic content, style, and compositional form appropriate to the genre. In addition, they constitute themselves as the unique discursive project of the enunciator, who occasionally combines words and images in the construction of persuasive sense. In the statements presented, the set of words and images expressed evaluative standpoints, whether in agreement or not. Moreover, the analysis showed some different voices of the countless speeches that circulate in our society.

  19. Nuclear Liability Laws

    International Nuclear Information System (INIS)

    McIntosh, S.

    2016-01-01

    The principles of the nuclear liability regime, including their application to the case of transport, are described in the IAEA Handbook on Nuclear Law, and will not be repeated in this paper. Rather, this paper examines some specific aspects of liability during transport, and particularly draws on some of the work of the IAEA International Expert Group on Nuclear Liability (INLEX). In that regard, particular reference is made to the Explanatory Texts published in 2004

  20. Bankruptcy Law and Entrepreneurship

    OpenAIRE

    John Armour; Douglas Cumming

    2008-01-01

    Entrepreneurs, catalysts for innovation in the economy, are increasingly the object of policymakers’ attention. Recent initiatives both in the UK and at EU level have sought to promote entrepreneurship by reducing the harshness of the consequences of personal bankruptcy law. Whilst there is an intuitive link between the two, little attention has been paid to the question empirically. We investigate the link between bankruptcy and entrepreneurship using data on self employment over 13 years (1...

  1. Military Personnel Law Deskbook

    Science.gov (United States)

    2006-08-01

    initial prenatal evaluation and at time of delivery, if the mother is identified as being at high risk; h. All persons enrolled in inpatient alcohol...for a crime of moral turpitude (regardless of the sentence), including, but not limited to, child abuse, incest , indecent exposure, soliciting...notice procedures, but normally not appropriate. 5. Other bases within Chap 5: surviving sons and daughters, aliens not lawfully admitted to the

  2. Henry's Law and Noisy Knuckles.

    Science.gov (United States)

    Kimbrough, Doris R.

    1999-01-01

    Discusses Henry's Law which describes the relationship between the pressure of gas and the concentration of that gas in a solution. Presents an application of Henry's Law to the cracking of knuckles. (CCM)

  3. Law and Investment in Africa

    OpenAIRE

    Simplice A., Asongu

    2011-01-01

    Contrary to mainstream consensus on the dominance of English common law countries in investment prospects, this paper sets a new tone in the legal origins debate by providing empirical validity on the dominance of French civil-law countries in private investment. The assessment is based on 38 African countries for the period 1996-2007. The law mechanisms of regulation quality and rule of law are used to investigate how legal origins (French, English, French sub-Saharan, Portuguese and North A...

  4. Law, Coercion and Socioeconomic Equilibrium

    OpenAIRE

    Gerasimos T. SOLDATOS

    2015-01-01

    This paper investigates the economic conditions under which the performance of a Judiciary does not impede non-coercive fair socioeconomic allocations under “Strotz-myopia” regarding the law variable, i.e. under a static view of it in an otherwise dynamic context. The law, here, is the positive factor by which consumption volume is multiplied as a result of law introduction in an otherwise fully private social economy. Lexicographic preferences regarding the law is the keyword in establishing...

  5. Economic Analysis of Accident Law

    OpenAIRE

    Steven Shavell

    2003-01-01

    Accident law is the body of legal rules governing the ability of victims of harm to sue and to collect payments from those who injured them. This paper contains the chapters on accident law from a general, forthcoming book, Foundations of Economic Analysis of Law (Harvard University Press, 2003). The analysis is first concerned (chapters 2-4) with the influence of liability rules on incentives to reduce accident risks. Then consideration of accident law is broadened (chapter 5) to reflect the...

  6. Is law science?

    Directory of Open Access Journals (Sweden)

    Rolien MC Roos

    2014-11-01

    Full Text Available The question this contribution sets out to address is whether or not law can be regarded as a science. This notion is readily accepted by many, yet it is submitted that a proper theoretical justification for such an assumption is usually missing. The traditional primary sources of law, South African case law and legislation, distinguish between legal practice and legal science, but the basis of the distinction is not clear. However, an entire body of literature in the philosophy of science has developed around the question of when a discipline will amount to science. Various demarcation criteria proposed in the philosophy of science are considered. These include that science uses the scientific method, is susceptible to falsification, is puzzle-solving within a paradigm or renders beneficial results. None of these criteria offers a satisfactory solution to the problem. The proposition by a group of philosophers including Herman Dooyeweerd, Marinus Stafleu and DFM Strauss, that the answer to the demarcation question is to be found in modal abstraction, is then considered. Modal abstraction amounts to a consideration of reality (persons, things, theories and rules from one or more defined point(s of entry. It is an artificial and learnt manner of thinking as it approaches reality from the perspective of one of the modalities of being. For example, juridical abstraction would mean that a cow is considered as the object of someone's proprietary rights. An abstract idea of the cow's characteristics, from a juridical point of view, is formed and the rules of property law are applied. A number of South African legal philosophers, amongst others Van Zyl, Van der Vyver and LM du Plessis, have followed this approach. The South African legislature has also attempted to define the terms "science" and "research", mainly for funding purposes. These definitions are considered and the conclusion is that they do not provide the clear-cut answers one would expect

  7. Administrative sanctions in EU law

    NARCIS (Netherlands)

    de Moor-van Vugt, A.

    2012-01-01

    EU law has broadened the scope of administrative sanctioning by adding a variety of sanctions to the palette of sanctions in national law. Since the coming into force of the Charter, EU procedural standards are modelled on the ‘criminal charge’ case law of the ECtHR. These standards are discussed

  8. Private Law, Regulation, and Justice

    NARCIS (Netherlands)

    Hesselink, M.W.

    This paper critically engages with the European Regulatory Private Law thesis (ERPL). The main strength of ERPL is that it offers an entirely new perspective on European private law. However, as a complete theory of European private law, ERPL is too one-sided, both from a descriptive and from a

  9. Estimation in the Power Law.

    Science.gov (United States)

    Thomas, Hoben

    1981-01-01

    Psychophysicists neglect to consider how error should be characterized in applications of the power law. Failures of the power law to agree with certain theoretical predictions are examined. A power law with lognormal product structure is proposed and approximately unbiased parameter estimates given for several common estimation situations.…

  10. Tax Breaks for Law Students.

    Science.gov (United States)

    Button, Alan L.

    1981-01-01

    A guide to federal income tax law as it affects law students is presented. Some costs that may constitute valuable above-the-line deductions are identified: moving expenses, educational expenses, job-seeking expenses, and income averaging. Available from Washington and Lee University School of Law, Lexington, VA 24450, $5.50 sc) (MLW)

  11. Networks and informal contract law

    NARCIS (Netherlands)

    Tjong Tjin Tai, Eric; Brownsword, Roger; van Gestel, Rob A.J.; Micklitz, Hans-W.

    2017-01-01

    It is often argued that formal contract law cannot treat networks correctly. An analysis of networks in an informal contract law system shows that informal contract law is no panacea. Remaining problems require a different approach to legal regulation and contract practice.

  12. Interzones of Law and Metaphysics

    DEFF Research Database (Denmark)

    Mossin, Christiane

    and sources of authority. On the basis of a historical-conceptual understanding of law according to which law, social structure and metaphysical presumptions are inescapably intertwined, the dissertation derives from the binding provisions of law certain essential features of social order. More precisely...

  13. Internationalization of law globalization, international law and complexity

    CERN Document Server

    Dias Varella, Marcelo

    2014-01-01

    The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.

  14. Environmental law in Thuringia. Text collection with introduction. Pt. 1. Waste law, nuclear, radiation and energy law, soil protection law and land reparcelling, forestry law, fishing and hunting law

    International Nuclear Information System (INIS)

    Schneider, Matthias Werner

    2015-01-01

    The volume 1 of the collection on the Thuringian Environmental Law contains additional to a detailed introduction: - Waste management - Nuclear, radiation and energy law - Soil protection law and land reparcelling - Forestry, fishery and hunting law. [de

  15. Imunidade antitruste às Ações Governamentais no contexto da desregulação do setor de telecomunicações: uma análise a partir do julgamento do caso VU-M pelo CADE

    Directory of Open Access Journals (Sweden)

    Deborah Batista Caixeta

    2014-05-01

    Full Text Available Propósito – O objetivo deste ensaio é examinar a postura adotada pelo CADE com relação às medidas regulatórias adotadas pela ANATEL na fixação do valor de interconexão de rede (VU-M, sob a perspectiva da State Action Doctrine no contexto da desregulação do setor de telecomunicações. Metodologia/abordagem/design – O texto propõe uma abordagem relativa às teorias de desregulação do setor de telecomunicações e o impacto que as decisões da autoridade antitruste de isenção concorrencial possuem neste movimento, a partir da análise do caso VU-M recentemente julgado pelo CADE. Resultados – A concessão de isenções antitruste pelo CADE ainda parece seguir a tradicional aplicação da State Action Doctrine centrada na teoria regulatória do interesse público e, consequentemente, a extrema confiança na atuação da agência acaba dificultando o processo de desregulação, principalmente no setor de telecomunicações, notadamente marcado pela antiga estrutura regulatória oligopolista. Implicações práticas – Busca-se, por meio desta análise crítica, oferecer uma abordagem introdutória que possa ser aplicada posteriormente para rediscutir os limites de aplicação da lei de defesa da concorrência a situações acobertadas por medidas regulatórias setoriais. Originalidade/relevância do texto – O ensaio identifica os elementos que se aplicam na dinâmica de interação entre regulação concorrencial e a regulação setorial, a ponto de permitir que a tradicional estrutura de aplicação das normas de concorrência a estes setores possa ser redesenhada para incorporar os objetivos perseguidos pelo movimento de desregulação, no caso, do setor de telecomunicações.

  16. International and European Security Law

    Directory of Open Access Journals (Sweden)

    Jonathan Herbach

    2012-02-01

    Full Text Available Security law, or more comprehensively conflict and security law, on the international level represents the intersection of three distinct but interrelated fields: international humanitarian law (the law of armed conflict, jus in bello, the law of collective security (most identified with the United Nations (UN system, jus ad bellum and arms control law (including non-proliferation. Security in this sense is multifaceted - interest security, military security and, as is often referred to in the context of the EU, human security. As such, the law covers a wide range of specific topics with respect to conflict, encompassing the use of force, including choice of weapons and fighting techniques, extending to the rules applicable in peacekeeping and peace enforcement, and yet also dictating obligations outside the context of conflict, such as safeguarding and securing dual-use materials (those with both peaceful and military applications to prevent malicious use.

  17. Nanoplasmonics beyond Ohm's law

    DEFF Research Database (Denmark)

    Mortensen, N. Asger; Toscano, Giuseppe; Raza, Søren

    2012-01-01

    In tiny metallic nanostructures, quantum confinement and nonlocal response change the collective plasmonic behavior with important consequences for e.g. field-enhancement and extinction cross sections. We report on our most recent developments of a real-space formulation of an equation-of-motion...... that goes beyond the common local-response approximation and use of Ohm's law as the central constitutive equation. The electron gas is treated within a semi-classical hydrodynamic model with the emergence of a new intrinsic length scale. We briefly review the new governing wave equations and give examples...

  18. Violence or law

    International Nuclear Information System (INIS)

    Kimminich, O.; Troendle, H.; Middendorff, W.; Flor, G.; Guenzler, C.; Boehme, W.

    1982-01-01

    Bloody demonstrations, occupations of houses and airports, violence against things and persons make the citizens feel that the protection of life and property is no longer in a good state in the F.R. of Germany. How can a further erosion of the sense of justice be met. What can the citizens do to strengthen the sense of justice and to help making the respect of law grow again as a condition for the peaceful coexistence of people. The contributions from a meeting of the Evangelische Akademie Bad Herrenalb deal with these problems. (orig./HP) [de

  19. Tokamak confinement scaling laws

    International Nuclear Information System (INIS)

    Connor, J.

    1998-01-01

    The scaling of energy confinement with engineering parameters, such as plasma current and major radius, is important for establishing the size of an ignited fusion device. Tokamaks exhibit a variety of modes of operation with different confinement properties. At present there is no adequate first principles theory to predict tokamak energy confinement and the empirical scaling method is the preferred approach to designing next step tokamaks. This paper reviews a number of robust theoretical concepts, such as dimensional analysis and stability boundaries, which provide a framework for characterising and understanding tokamak confinement and, therefore, generate more confidence in using empirical laws for extrapolation to future devices. (author)

  20. Essentials of EU law

    CERN Document Server

    Reinisch, August

    2012-01-01

    This book explores the history and institutions of the EU, examines the interplay of its main bodies in its legislative process and illustrates the role played by the EU Courts and the importance of fundamental rights. The student is also introduced to the key principles of the internal market, in particular the free movement of goods and the free movement of workers. In addition a number of other EU policies, such as the Common Agricultural Policy, Environmental Protection and Social Policy are outlined, while a more detailed inquiry is made into European competition law.

  1. Ecology and basic laws

    International Nuclear Information System (INIS)

    Mayer-Tasch, P.C.

    1980-01-01

    The author sketches the critical relation between ecology and basic law - critical in more than one sense. He points out the incompatibility of constitutional states and atomic states which is due to constitutional order being jeopardised by nuclear policy. He traces back the continuously rising awareness of pollution and the modern youth movement to their common root i.e. the awakening, the youth movement of the turn of the century. Eventually, he considers an economical, political, and social decentralization as a feasible alternative which would considerably relieve our basic living conditions from the threatening forms of civilization prevailing. (HSCH) [de

  2. The Delinquencies of Juvenile Law: A Natural Law Analysis

    Directory of Open Access Journals (Sweden)

    Ellis Washington

    2010-07-01

    Full Text Available This article is a substantive analysis tracing the legal, philosophical, social, historical, jurisprudence and political backgrounds of juvenile law, which is an outgrowth of the so-calledProgressive movement - a popular social and political movement of the late nineteenth and early twentieth century. I also trace how this socio-political cause célèbre became a fixture in Americanculture and society due to existential child labor abuses which progressive intellectuals used as a pretext to codify juvenile law in federal law and in statutory law in all 50 states by 1925. Moreover the dubious social science and Machiavellian political efforts that created the juvenile justice system out of whole cloth has done much more harm to the Constitution and to the children it was mandated to protect than any of the Progressive ideas initially envisioned rooted in Positive Law (separation of law and morals. Finally, I present am impassioned argument for congressional repeal of all juvenile case law and statutes because they are rooted in Positive Law, contrary to Natural Law (integration of law and morals, the original intent of the constitutional Framers and are therefore patently unconstitutional.

  3. THE INTERFERENCE OF EUROPEAN UNION LAW WITH PUBLIC INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2011-04-01

    Full Text Available The European Union Law is an unique legal phenomenon developed in the process of European integration within the framework of the European Communities and the European Union; a result of the implementation of the supranational authority of the European institutions. The European Union law is a specific legal system having independent sources and principles that developed at the border-line of international law and domestic law of the EU’s Member States. The authonomy of the European Union law is affirmed by a case-law of the Court of Justice of the European Union.The European Union has its own legal order which is separate from international law and forms an integral part of the legal systems of the Member States. The legal order of the Union is founded on various different sources of law. The different nature of these sources has imposed a hierarchy among them. At the pinnacle of this hierarchy we find primary law, represented by the Treaties and general legal principles, followed by international treaties concluded by the Union and secondary law founded on the Treaties.

  4. Environmental law and nuclear law: a growing symbiosis

    International Nuclear Information System (INIS)

    Ennerechts, S.

    2008-01-01

    This article is divided in two parts. The first part deals with the interrelationship between environmental law and nuclear law. It specifically addresses selective topics which the author considers as substantial proof that environmental law is in evidence in the nuclear field. These topics are access to nuclear information, public participation in nuclear decision-making and prevention and compensation of environmental damage caused by nuclear incidents. Environmental law will be considered in its narrow sense, meaning the law that seeks to protect nature such as soil, water, air and biodiversity. The position of the author is that the importance of environmental law for nuclear activities is increasing and may lead to a growing symbiosis with nuclear law. Environmental law and nuclear law share the same objectives: protection against mitigation of and compensation for damage to the environment. In the second part a specific problem that touches upon the extra-territorial effect of environmental legislation in the nuclear field will be examined. At the beginning of the 21. century, it can be expected that vendors of nuclear facilities will spare no efforts in trying to enter new markets all over the world. Countries with more developed environmental requirements on the construction of nuclear facilities by their national vendors in customer countries. This part of the article will analyse whether public international laws to the construction of nuclear facilities abroad. The author believes that there may well be a legal basis under customary international law justifying the application of national environmental law to the construction of nuclear facilities and the performance of work on nuclear facilities in foreign countries, but there would appear to be none permitting the enforcement of these laws in the absence of an agreement with the foreign country. (N.C.)

  5. When Economics Meets Law

    DEFF Research Database (Denmark)

    Elsmore, Matthew James

    experience, many readers and students of law-and-economics feel they have to work twice as hard for half the reward. It is not a traditional subject. This first impression may be with some good reason, but let me assure you the subject’s bark is far worse than its bite, at least with the help of this book......-book with the hard copy version so that one, or other, or both, are available to make the resource more convenient for reader-students. Thirdly, I wanted the audience to be at the forefront of my mind, and for me to see visualise them as using the book; hence, I will often refer to then – to you as readers...... to begin with. What I can promise is with effective use of this book – and participation in lectures and case studies, reader-students will gain relevant knowledge and analytical skills, and be much more likely to enjoy success in their assessments related to Law-and-Economics, and after that too. Above...

  6. Telemedicine and the law

    International Nuclear Information System (INIS)

    Pilloy, W.J.; Lewalle, L.; Pilloy, S.

    2004-01-01

    Full text: Aim: To identify the legal and ethical obstacles to the development of tele (nuclear) medicine, and to propose solutions. Material and method: Lessons have been drawn from 4 years practice of telemedicine between Luxemburg and 5 European centres. Problems so raised have been confronted with the US and EU literature. Results: Academic applications (web sites, teaching, hospital networks) are yet functional and are not dealt with here. Difficulties arise in case of 1st reading (e.g. 24 hour service), 2nd reading (expert advice) or distant reading (locum, service in remote places). In most applications, the relation is doctor to doctor; patient issues like quality of content, freedom of choice are minor. A body of laws, rules and directives apply to other issues. Confidentiality is ruled by the EU Directives on the Protection of Individuals and on Data Protection. Data are commonly encrypted/anonymized. Consent and free choice are ruled by the law of medicine. A doctor requiring 2nd advice stays in charge of the patient (no need to consent). Remote reading or 1st reading is usually based on prior agreement between doctors (like after hours service), and information or consent is recommended. Registration and accreditation are ruled by the Directives of the European Internal Market for Services. No obstacle to the delivery of services across the EU would remain if it is perceived that a tele-patient consults abroad rather than a tele-doctor practices abroad. (author)

  7. Mexican renewable electricity law

    International Nuclear Information System (INIS)

    Ruiz-Mendoza, B.J.; Sheinbaum-Pardo, C.

    2010-01-01

    Two renewable electricity bills have been proposed in Congress since 2005 in Mexico. The first one was rejected by the Senate and the second one was approved by both the House of Representatives and the Senate in October 2008. Our objective is to explain the nature of both bills and to analyze each of them bearing in mind the Mexican electricity sector management scheme. In the Mexican electricity sector single-buyer scheme, the state-owned companies (Comision Federal de Electricidad and Luz y Fuerza del Centro) are responsible of the public services and the private sector generates electricity under six modalities: self-supply, cogeneration, independent production, small production, export, and import, which are not considered a public service. This scheme has caused controversies related to the constitutionality of the 1992 Power Public Services Law that allowed this scheme to be implemented. Both bills, the rejected one and the approved one, were formulated and based on that controversial law and their objectives are linked precisely more to the controversial issues than to the promotion of renewable electricity technologies; consequently, the gap among environmental, economic and social issues related with sustainability notion is wider. (author)

  8. Reflections on nuclear law

    International Nuclear Information System (INIS)

    Carbone, F.

    1977-01-01

    Despite contradictory public attitudes to nuclear power, this source of energy is bound to be used all over the world because of exhaustible other energy sources and increasing energy needs. The role of nuclear law is analysed in this context. Innovative legislation in this field has kept in step with the constant evolution of nuclear technology and has fixed new criteria of liability, financial coverage and specific standards for users of nuclear power, and set administrative measures to be complied with. It has fixed a barrier of protection mechanisms, i.e. licences, exemptions, controls, to keep an acceptable balance between economic advantages and social needs. In Italy, apart from ratification of international nuclear conventions, an increasing number of laws and decrees are made touching the various aspects of nuclear energy, thus providing a detailed, expanding legal framework for nuclear activities. Finally, existing legislation should be still further refined as regards emergency plans and measures to ensure maximum protection in the event, however remote, of a major nuclear incident. (NEA) [fr

  9. Mexican renewable electricity law

    Energy Technology Data Exchange (ETDEWEB)

    Ruiz-Mendoza, B.J.; Sheinbaum-Pardo, C. [Institute of Engineering of the National Autonomous University of Mexico, Circuito Exterior s/n, Edificio 12 Bernardo Quintana, Piso 3, Cubiculo 319, Ciudad Universitaria, Delegacion Coyoacan, CP 04510, Mexico D.F. (Mexico)

    2010-03-15

    Two renewable electricity bills have been proposed in Congress since 2005 in Mexico. The first one was rejected by the Senate and the second one was approved by both the House of Representatives and the Senate in October 2008. Our objective is to explain the nature of both bills and to analyze each of them bearing in mind the Mexican electricity sector management scheme. In the Mexican electricity sector single-buyer scheme, the state-owned companies (Comision Federal de Electricidad and Luz y Fuerza del Centro) are responsible of the public services and the private sector generates electricity under six modalities: self-supply, cogeneration, independent production, small production, export, and import, which are not considered a public service. This scheme has caused controversies related to the constitutionality of the 1992 Power Public Services Law that allowed this scheme to be implemented. Both bills, the rejected one and the approved one, were formulated and based on that controversial law and their objectives are linked precisely more to the controversial issues than to the promotion of renewable electricity technologies; consequently, the gap among environmental, economic and social issues related with sustainability notion is wider. (author)

  10. ExtLaw_H18: Extinction law code

    Science.gov (United States)

    Hosek, Matthew W., Jr.; Lu, Jessica R.; Anderson, Jay; Do, Tuan; Schlafly, Edward F.; Ghez, Andrea M.; Clarkson, William I.; Morris, Mark R.; Albers, Saundra M.

    2018-03-01

    ExtLaw_H18 generates the extinction law between 0.8 - 2.2 microns. The law is derived using the Westerlund 1 (Wd1) main sequence (A_Ks 0.6 mag) and Arches cluster field Red Clump at the Galactic Center (A_Ks 2.7 mag). To derive the law a Wd1 cluster age of 5 Myr is assumed, though changing the cluster age between 4 Myr - 7 Myr has no effect on the law. This extinction law can be applied to highly reddened stellar populations that have similar foreground material as Wd1 and the Arches RC, namely dust from the spiral arms of the Milky Way in the Galactic Plane.

  11. China's Juvenile Delinquency Prevention Law: the law and the philosophy.

    Science.gov (United States)

    Lening Zhang; Jianhong Liu

    2007-10-01

    The present study introduces and discusses the Juvenile Delinquency Prevention Law of the People's Republic of China. The law was promulgated in the context of Chinese socioeconomic reforms and legal reforms in response to the rising delinquency since the early 1980s. The study explains the social and political background of the law with respect to the patterns of delinquency in China. The law has several main features that reflect the Chinese philosophical underpinnings of crime prevention and control, and the study discusses the connection between the law and the traditional Chinese philosophy and thinking. Finally, the study discusses the challenges to the enforcement of the law in Chinese society, which has lacked a legal tradition in its history.

  12. The Essential Elements of Corporate Law. What is Corporate Law?

    OpenAIRE

    Armour, John; Hansmann, Henry; Kraakman, Reinier

    2017-01-01

    This article is the first chapter of the second edition of “The Anatomy of Corporate Law: A Comparative and Functional Approach”, by Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry Hansmann, Gerard Hertig, Klaus Hopt, HidekiKanda and Edward Rock (Oxford University Press, 2009). The book as a whole provides a functional analysis of Corporate (or Company) Law in Europe, the U.S., and Japan. Its organization reflects the structure of Corporate Law throughout all jurisdictions, w...

  13. Interdisciplinary Success Of Law And Economy: Economic Analysis Of Law

    Directory of Open Access Journals (Sweden)

    Ivana Barković

    2009-07-01

    Full Text Available Economic analysis of law defines as an application of economic theory and economic methods in studies of forming, structure, process and influence of the law and legal institution. Although many comment that it is the question of a new scientific discipline or contemporary intellectual movement, the economic analysis of law reaches even the classics of economic thought Adam Smith and David Hume but the real recognition of the analysis was the publishing of the famous article of Ronald Coase (1960 “Problem of Public Expense” . Here he discusses how the incentives for damage reduction and various negativities come from the allocation of property rights. The aim of this work is to present an economic analysis of law as an interdisciplinary success of two great fields – law and economy, i.e. to present the way on which economy helps to understand law in a new way. Realizing it, the economy uses mathematically precise theories (e.g. price theory, game theory etc. and empirically firm methods (statistics and econometrically to analyse the impact of prices, i.e. of sanctions on behaviour. The article shows basic economic analyses of law which especially cite the contract law and balance law.

  14. The Influence of Byzantine Law on Serbian Mediaeval Law

    Directory of Open Access Journals (Sweden)

    Srđan Šarkić

    2015-10-01

    Full Text Available The Serbian law had being developed from the early 13th century under the direct influence of Byzantine law. Serbian lawyers adopted the Byzantine law in the form of translation of Byzantine legal compilations. The first of them was Nomokanon of Saint Sava of 1219 which contained ecclesiastical rules together with canonist’s glosses, a translation of part of Justinian’s Novels and the whole of the Procheiron of Basil I. In 1349-1354 Serbian lawyers created a special Codex Tripartitus, codifying both Serbian and Byzantine law. The Russian scholar T. Florinsky noticed this in 1888, pointing out that in the oldest manuscripts Dušan’s Code is always accompanied by two other compilations of Byzantine law: the abbreviated Syntagma of Matheas Blastar and the so-called Justinian’s Law. Beside the translations of Byzantine legal miscellanies, Serbian lawyers adopted a great number of the institutes of Roman law. However, Serbian lawyers were not educated in Bologna, so that Roman law was adopted in an indirect way, i.e. through Greek (Byzantine translations, not from original Latin texts. Dušan’s Code as the most important legal source of mediaeval Serbian law borrowed about 60 articles directly from the Basilica: articles 171 and 172 are the most important of them.

  15. 78 FR 10574 - Premerger Notification; Reporting and Waiting Period Requirements

    Science.gov (United States)

    2013-02-14

    ... proposed merger or acquisition may violate the antitrust laws if consummated and, when appropriate, to seek... proposed transaction may, if consummated, violate the antitrust laws. In addition, Section 7A(d)(2) of the... Antitrust Division of the Department of Justice (``the Assistant Attorney General'') (collectively, ``the...

  16. 77 FR 50057 - Premerger Notification; Reporting and Waiting Period Requirements

    Science.gov (United States)

    2012-08-20

    ... determine whether a proposed merger or acquisition may violate the antitrust laws if consummated and, when... transaction may, if consummated, violate the antitrust laws. In addition, Section 7A(d)(2) of the Act, 15 U.S... charge of the Antitrust Division of the Department of Justice (``the Assistant Attorney General...

  17. 78 FR 41293 - Premerger Notification; Reporting and Waiting Period Requirements

    Science.gov (United States)

    2013-07-10

    ... proposed merger or acquisition may violate the antitrust laws if consummated and, when appropriate, to... determine whether a proposed merger or acquisition may violate the antitrust laws if consummated and, when... Trade Commission (``the Commission'') and the Assistant Attorney General in charge of the Antitrust...

  18. Interzones of Law and Metaphysics

    DEFF Research Database (Denmark)

    Mossin, Christiane

    The dissertation analyzes a contemporary battlefield of law, the field of EU social rights, from a political-philosophical point of view. It is the conviction of the dissertation that law is deeply and inescapably conceptually connected with fundamental features of social order. The interrelations...... between the two do not merely concern the rights and obligations explicitly laid down in the law, but fundamental presumptions regarding the nature of human beings, overall purposes of social order, hierarchical and dynamic features of society and the possibility at all of regulation, its logics...... and sources of authority. On the basis of a historical-conceptual understanding of law according to which law, social structure and metaphysical presumptions are inescapably intertwined, the dissertation derives from the binding provisions of law certain essential features of social order. More precisely...

  19. The maturity of Nuclear Law

    International Nuclear Information System (INIS)

    Martinez Favini, J.A.

    1985-01-01

    The ever-increasing use of atomic energy since 1950 has generated a set of rules called for practical reasons Nuclear Law. This branch of law covers a wide scope of related activities and, specialized studies have apparently foreseen all conceivable hypotheses. The international character of Nuclear Law explains the basic harmony of international legislation. The methods of comparative Law and International Private Law as well as the joint, indepth work of scientists and jurists will bring about steady progress towards legislative unity and prompt solution to conflicts. The expectable revitalization of nuclear-electric programs early in the 21st. century will give rise to a Nuclear juridical community which can already be perceived through the maturity Nuclear Law has reached. (Author) [es

  20. EU Food Health Law

    DEFF Research Database (Denmark)

    Edinger, Wieke Willemijn Huizing

    and rational dietary choices on the basis of the food information provided on food labels or generally available in society. In recent years, the EU legislative has shown increased commitment to further empower consumers in pace with the advancement of modern manufacturing and advertising techniques......This thesis shows that the distinction between food safety and non-safety issues in Regulation (EC) No 178/2002, the General Food Law (GFL), results in a grey area of regulation. This grey area comprises foods that do not pose a food safety risk in a legal sense, but that could pose a threat...... to human health because of other factors, such as their nutritional composition. The growing prevalence of obesity and non-communicable diseases are examples of contemporary health challenges that are difficult to fit into the rather narrow concept of food safety risks in the GFL. The conclusion is that EU...

  1. Law and Intergenerational Relationships.

    Science.gov (United States)

    Doron, Israel; Lowenstein, Ariela; Biggs, Simon

    2017-03-01

    In any aging society, the sociolegal construction of intergenerational relationships is of great importance. This study conducts an international comparison of a specific judicial issue: whether active labor unions have the legal right to strike for the purpose of improving the benefits given to nonactive workers (specifically, pensioners). A comparative case law methodology was used. The texts of three different Supreme Court cases-in the United States, Canada, and Israel-were analyzed and compared. Despite the different legal outcomes, all three court rulings reflect a disregard of known and relevant social gerontology theories of intergenerational relationships. Social gerontological theories can play an important role in both understanding and shaping judicial policies and assisting the courts in choosing their sociojudicial narratives.

  2. Tests of conservation laws

    International Nuclear Information System (INIS)

    Goldhaber, M.

    1988-01-01

    For quite a while it has been realized that some discrete quantum numbers are conserved in some interactions but not in others. The most conspicuous cases are parity P, charge conjugation C, and the product CP which are conserved in strong and electromagnetic interactions but not in weak interactions. The question arises whether for some of the other conserved quantities, which are conserved in strong, electromagnetic and weak interactions, there is an interaction intermediate in strength between weak and gravitational which violates these quantum numbers, e.g., baryon number B and lepton number L. The possibility exists that these conservation laws, if they are broken at all, are only broken by the gravitational force which would make the mass of an intermediate boson which induces the break-down equal to the Planck mass. (orig.)

  3. Kirschmann's Fourth Law.

    Science.gov (United States)

    Bosten, J M; Mollon, J D

    2012-01-15

    Kirschmann's Fourth Law states that the magnitude of simultaneous color contrast increases with the saturation of the inducing surround, but that the rate of increase reduces as saturation increases. Others since Kirschmann have agreed and disagreed. Here we show that the form of the relationship between simultaneous color contrast and inducer saturation depends on the method of measurement. Functions were measured by four methods: (i) asymmetric matching with a black surround, (ii) asymmetric matching with a surround metameric to equal energy white, (iii) dichoptic matching, and (iv) nulling an induced sinusoidal modulation. Results from the asymmetric matching conditions agreed with Kirschmann, whereas results from nulling and from dichoptic matching showed a more linear increase in simultaneous contrast with the saturation of the inducer. We conclude that the method certainly affects the conclusions reached, and that there may not be any "fair" way of measuring simultaneous contrast. Copyright © 2011 Elsevier Ltd. All rights reserved.

  4. Law of Armed Conflict Deskbook

    Science.gov (United States)

    2012-01-01

    in the international system, States could expect other States not to interfere in their internal affairs. Human rights law, however, pierced the “ veil ...transactions of individuals and corporations .”4 B. States. International law developed to regulate relations between States, and States are the focus of the...conflict. Whenever international law operates to regulate the conduct of a State, it must pierce the shield of sovereignty. The LOAC is therefore

  5. Law and Finance in Africa

    OpenAIRE

    Simplice A. Asongu

    2012-01-01

    This paper assesses how legal origin influences financial development through regulation quality and the rule of law. It employs all the dimensions identified by the Financial Development and Structure Database of the World Bank. The law channels are instrumented with legal origins to account for financial intermediary dynamics of depth, efficiency, activity and size. The results broadly support the benefits of law mechanisms in financial development. The findings only show partial support fo...

  6. International Criminal Law & Its Paradoxes

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2017-01-01

    This article challenges international criminal tribunals' (ICTs) capacity to perform the socially constitutive work of transitional justice. Highlighting paradigmatic ICT jurisprudence, it shows both the "progress" and "justice" constructs central to the work and legitimacy of international...... criminal law are unrealizable under current ICT practice. This is due to international criminal law's foundational, legitimizing basis in natural law, rather than political liberalism. The article calls for a revision of ICT institutional accountability structures....

  7. On Interpretivism and International Law

    OpenAIRE

    Çali, Başak (Prof.)

    2017-01-01

    This article argues for the relevance of interpretivism within theoretical and normative debates about international law. To do this, the article carries out two tasks. First, it draws out the central features of interpretivism that make it a theoretically distinct contribution to understanding the nature and theory of law. Secondly, it identifies four important objections, two external and two internal, to the relevance of interpretivism to international law. External objections stem from po...

  8. Film Law: A copyright perspective

    OpenAIRE

    David, Ivan

    2015-01-01

    Film Law: A Copyright Perspective (Abstract) The rigorous work describes and analyses the film law, understood as a set of norms of public and private law, bound by common denominator in the form of direct or indirect regulation of production and exploitation of film, with a special focus on film copyright. The work focuses on contemporary and historical treatment of the film copyright in the Czech Republic, while in some parts performs its comparison with the film copyright in other countrie...

  9. Water security and international law

    OpenAIRE

    Kuokkanen Tuomas

    2017-01-01

    The article explores water security from an international law point of view. The article argues that in order to better understand water security it is important to focus on the function of international water law. Even though water security is a relatively recent concept it was latent in the process of the evolution of international water law. In addition, the article examines the relationship between man and water from the point of view of water security. The article seeks to answe...

  10. Essential Elements of Corporate Law

    OpenAIRE

    Kraakman, Reinier H.; Armour, John; Hansmann, Henry

    2009-01-01

    This article is the first chapter of the second edition of The Anatomy of Corporate Law: A Comparative and Functional Approach, by Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry Hansmann, Gerard Hertig, Klaus Hopt, Hideki Kanda and Edward Rock (Oxford University Press, 2009). The book as a whole provides a functional analysis of corporate (or company) law in Europe, the U.S., and Japan. Its organization reflects the structure of corporate law across all jurisdictions, while ...

  11. 28 CFR 56.1 - Purpose and scope.

    Science.gov (United States)

    2010-07-01

    ... section 252 of EPCA makes available a defense to actions brought under the Federal antitrust laws. ... charge of the Antitrust Division to whom the Attorney General has delegated his authority under this...

  12. 41 CFR 102-38.320 - Are there other statutory requirements governing the sale of Federal personal property?

    Science.gov (United States)

    2010-07-01

    ... requirements, such as the Debt Collection Improvement Act of 1996 (Public Law 104-134, sec. 31001, 110 Stat. 1321-358) and antitrust requirements that are discussed in § 102-38.325. Antitrust Requirements ...

  13. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...... and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law...

  14. Information Warfare and International Law

    National Research Council Canada - National Science Library

    Greenberg, Lawrence T; Goodman, Seymour E; Soo Hoo, Kevin J

    1998-01-01

    .... Some legal constraints will certainly apply to information warfare, either because the constraints explicitly regulate particular actions, or because more general principles of international law...

  15. Practical concepts in Contract Law

    OpenAIRE

    Ehsan, zarrokh

    2008-01-01

    A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. Contract law is based on the Latin phrase pacta sunt servanda (literally, promises must be kept) [1]. Breach of a contract is recognised by the law and remedies can be provided. Almost everyone makes contracts everyday. Sometimes written contracts are required, e.g., when buying a house [2]. However the vast majority of contracts can be and are made orally, like buying a law text book,...

  16. The law of international organisations

    CERN Document Server

    White, Nigel D

    2017-01-01

    This book provides a concise account of the principles and norms of international law applicable to the main-type of international organisation - the inter-governmental organisation (IGO). That law consists of principles and rules found in the founding documents of IGOs along with applicable principles and rules of international law. The book also identifies and analyses the law produced by IGOs, applied by them and, occasionally, enforced by them. There is a concentration upon the United Nations, as the paradigmatic IGO, not only upon the UN organisation headquartered in New York, but on other IGOs in the UN system (the specialised agencies such as the World Health Organisation).

  17. Experimental Verification of Boyle's Law and the Ideal Gas Law

    Science.gov (United States)

    Ivanov, Dragia Trifonov

    2007-01-01

    Two new experiments are offered concerning the experimental verification of Boyle's law and the ideal gas law. To carry out the experiments, glass tubes, water, a syringe and a metal manometer are used. The pressure of the saturated water vapour is taken into consideration. For educational purposes, the experiments are characterized by their…

  18. Ulpian's Appeal to Nature : Roman Law as Universal Law

    NARCIS (Netherlands)

    Brouwer, René

    2015-01-01

    In this paper I argue that against the political and perhaps even religiously motivated background of the Constitutio Antoniniana, in order to further enhance the appeal of Roman law, Ulpian seeks to connect law and nature by using Stoic terminology. However, his usage of this terminology is

  19. Ohm's Law, Kirchoff's Law and the Drunkard's Walk The Drunkard's ...

    Indian Academy of Sciences (India)

    Home; Journals; Resonance – Journal of Science Education; Volume 2; Issue 12. Ohm's Law, Kirchoff's Law and the Drunkard's Walk The Drunkard's Walk. Rahul Roy. General Article Volume 2 Issue 12 December 1997 pp 33-38. Fulltext. Click here to view fulltext PDF. Permanent link:

  20. Ohm's Law, Kirchoff's Law and the Drunkard's Walk

    Indian Academy of Sciences (India)

    Home; Journals; Resonance – Journal of Science Education; Volume 2; Issue 11. Ohm's Law, Kirchoff's Law and the Drunkard's Walk Related Electrical Networks. Rahul Roy. General Article Volume 2 Issue 11 November 1997 pp 36-47. Fulltext. Click here to view fulltext PDF. Permanent link:

  1. Distinguishing Between Private Law and Social-Security Law in ...

    African Journals Online (AJOL)

    In social-security law, the receipt of more than one social benefit is called "double dipping", whereas in private law the problem of double compensation is addressed by applying the collateral-source rule. In some instances the applicable legislation clearly prescribes the deduction or not of the social benefit, but ...

  2. Book Review: Aboriginal Customary Law: A Source of Common Law ...

    African Journals Online (AJOL)

    Book Title: Aboriginal Customary Law: A Source of Common Law Title to Land. Book Author: U Secher. (2014 Hart Publishing Oxford and Portland Oregon) ISBN 978-1-84946-553-3. Full Text: EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT · DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT · AJOL African Journals ...

  3. INTERFERENCES OF THE ENVIRONMENTAL LAW WITH THE URBAN LAW

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2014-06-01

    Full Text Available Addressing the large, complex issue of influences that urbanization can have on the environment, requires first of all, some general considerations on the interferences between the urban law and the environmental law. The urban law investigates and regulates the affecting and planning of the urban space. Therefore, this type of regulations are at the interference with the environmental law , which, inter alia , deals with the protection and conservation of the environment in the urban settlements, in the built space and also the ecological deployment of the activities in this space. The interaction between the two is becoming increasingly important especially when the urban law is increasingly correlated with the environmental protection, the natural space and the ecological activities.

  4. The Leniency Agreement as Antitrust Guardianship instrument in Brazil Abrir no Google Tradutor Feedback Google Tradutor https://translate.google.com.br/?hl=pt-BR Inglês. Português. Espanhol. Detectar idioma. Português. Inglês. Espanhol. Traduzir texto ou ... Participe da comunidade do Google Tradutor. Google Tradutor ... Google Tradutor https://translate.google.com.br/?hl=pt-PT Inglês. Português. Francês. Detectar idioma. Português. Inglês. Francês. Traduzir texto ou página Web. Escreva texto ou o endereço de um Web site ou traduza ... Tradutor Inglês Português tradutor.babylon-software.com/ingles/portugues/ Tradutor Inglês para Português Gratuito da Babylon. Traduza Inglês Português ou simplesmente baixe o nosso dicionário de definições e traduções gratuito. Reverso | Tradução online grátis, dicionário www.reverso.net/text_translation.aspx?lang=PT Reverso.net: serviço de tradução gratuita em Inglês, Português, Francês, Espanhol, Italiano, Alemão, Russo, Hebraico, Chinês, Japonês. Tradutor Ingles Português www.tradutoringlesportugues.biz/ Tradutor Ingles Português livre, O tradutor traduz qualquer texto de Português para Inglês e de Inglês para Português. Tradutor Português-Inglês www.tradutor24x7.com/portugues/ingles/ Livre Português para a tradução Inglês. Traduzir Português para Inglês on-line gratuito. Tradutor Inglês-Português www.tradutor24x7.com/ingles/portugues/ Livre Inglês para a tradução Português. Traduzir Inglês para Português on-line gratuito. Tradutor Online, Tradutor Inglês Português - Guia de Mulher www.guiademulher.com.br/tradutor.htm Tradutor inglês português, tradutor online de textos do inglês para o português. Ferramenta de idiomas. Use aqui o tradutor do google. Dicionário Inglês-Português - Tradução - bab.la pt.bab.la/dicionario/ingles-portugues/ Pesquisar no dicionário Inglês-Português: Encontre uma tradução para português no dicionário de inglês gratuito do bab

    Directory of Open Access Journals (Sweden)

    José Maria Ramos

    2016-06-01

    Full Text Available The market economy countries have significant concerns with the restraint of trade, requiring constitute regulatory frameworks and mechanisms to protect economic competition, so that economic efficiency is governed by legislation determined by the State. To mitigate the problems arising from the formation of a cartel that prevent free competition, causing damage to the community, the Office of the leniency agreement arises, administered by the Board of Directors and Economic Defense - CADE - the body responsible for prevention and repression of offenses against economic order. The leniency agreement is one of the most effective tools used by antitrust authorities to provide effective enforcement of antitrust law as regards the repression of anti-competitive practices although there are some contradictions in the field of ethics. In fulfilling the leniency agreement, the proposing informer may have the extinction of the punitive action or reduction of one to two thirds of the penalty applicable at the administrative level and in the criminal context, automatically terminate the punishment of crimes against the economic order.

  5. LISTENING TO LAW

    Directory of Open Access Journals (Sweden)

    Robert YELḰÁTŦE Clifford

    2017-01-01

    Full Text Available My journey to better understand and to live my own WSÁNEĆ legal tradition has always been both complex and incredibly rewarding.  This journey has, at times, also come with its challenges and tensions, including through law school and academia.  Through the use of story I reflect upon this path of learning, and many of my own thoughts and experiences along the way.  I have learned, and continue to learn, from many different people along this path, and I am so grateful to each of them.  While this story is primarily a self-reflection, the themes and tensions that the character of this story (Cedar embodies may resonant with many Indigenous people.  These themes include family, community, place, identity, stories, law and culture.  Each of these themes comes together and to life in this story through lived experience and my own empowering moments of living and coming to better understand WSÁNEĆ law.  Ultimately, writing this story helped me in a moment when I needed it.  My hope is that you too can find something helpful and rewarding within this story, and that you can use that along your own path.   Le périple que j’ai fait pour mieux comprendre et vivre ma propre tradition juridique dans la communauté WSÁNEĆ a toujours été à la fois complexe et incroyablement enrichissant. Bien entendu, cette expérience a également donné lieu à des défis et des tensions, notamment à l’école de droit et dans le milieu universitaire. À l’aide d’un récit, je décris mon cheminement et bon nombre de mes propres réflexions et expériences connexes. Tout au long de mon parcours, j’ai appris et je continue d’apprendre auprès de nombreuses personnes différentes et je leur en suis infiniment reconnaissant. Bien que ce récit soit d’abord et avant tout une autoréflexion, il se pourrait que de nombreux Autochtones retrouvent une part d’eux-mêmes dans les thèmes abordés et les tensions vécues par le personnage central

  6. Economics of mining law

    Science.gov (United States)

    Long, K.R.

    1995-01-01

    Modern mining law, by facilitating socially and environmentally acceptable exploration, development, and production of mineral materials, helps secure the benefits of mineral production while minimizing environmental harm and accounting for increasing land-use competition. Mining investments are sunk costs, irreversibly tied to a particular mineral site, and require many years to recoup. Providing security of tenure is the most critical element of a practical mining law. Governments owning mineral rights have a conflict of interest between their roles as a profit-maximizing landowner and as a guardian of public welfare. As a monopoly supplier, governments have considerable power to manipulate mineral-rights markets. To avoid monopoly rent-seeking by governments, a competitive market for government-owned mineral rights must be created by artifice. What mining firms will pay for mineral rights depends on expected exploration success and extraction costs. Landowners and mining firms will negotlate respective shares of anticipated differential rents, usually allowing for some form of risk sharing. Private landowners do not normally account for external benefits or costs of minerals use. Government ownership of mineral rights allows for direct accounting of social prices for mineral-bearing lands and external costs. An equitable and efficient method is to charge an appropriate reservation price for surface land use, net of the value of land after reclamation, and to recover all or part of differential rents through a flat income or resource-rent tax. The traditional royalty on gross value of production, essentially a regressive income tax, cannot recover as much rent as a flat income tax, causes arbitrary mineral-reserve sterilization, and creates a bias toward development on the extensive margin where marginal environmental costs are higher. Mitigating environmental costs and resolving land-use conflicts require local evaluation and planning. National oversight ensures

  7. Energy law novelties

    International Nuclear Information System (INIS)

    Butnaru, Paula

    2004-01-01

    Energy Law no. 318/2003 has been worked out in compliance with the EU Electricity Directive based on the following principles and objectives: - clearly defining the positions and roles of various institutional entities and structures; - introducing the competitions in energy generation and supply; - creation and functioning of electricity competitive markets; - right of certain consumers to buy electricity directly from the producers; - direct, fair and regulated access to electrical network of all the participants in the electricity market; - generators, distributors and consumers; - achieving the activities in the field under reliable conditions and at the quality standards for optimally using the primary energy resources by observing the environmental protection norms in force; - promoting, in a balanced manner, the interests of the National Power System based on the European regulations and requirements on optimal and efficient resources use by observing the environmental criteria and norms; - ensuring the sustainable development of the national economy; - diversifying the primary energy resources basis; - transparency of electricity tariffs, prices and taxes; - creating the security stocks of needed fuels for electricity and heat co-generation; - ensuring the interconnected operation of the NPS with the energy systems in the neighboring countries and with the ones in the UCTE; - promoting the use of renewable energy sources. Among the novelties brought by this Law by the definitions given to the terms used it is worth mentioning: - Access to the public electricity network; - Energy capacity; - Passageway of the electric line; - Natural monopoly in the energy field; - Electricity market operator; - Distribution system operator; - Transmission system operator; -Merit order (i.e the order in which an electricity producer is taken into consideration according to the price offered to cover the NPS electricity demand); - Electricity market; - Rehabilitation

  8. More competition law-FRANDly IPR policies

    DEFF Research Database (Denmark)

    Kokoulina, Olga; Minssen, Timo

    2016-01-01

    user-generated internal IP policies of SSOs, i.e. to what extent they should be governed and constrained by the practice and recommendations of competition authorities. To this end, we start by examining the standard setting landscape in the ICT sector in section 1. Section 2 presents some challenges......The link between innovation and economic growth has been widely acknowledged. So it comes as no surprise that the promotion of innovation has become a priority of company strategies and government policies. A major regulatory challenge in this paradigm is to craft a well-balanced design...... towards more IP-specific antitrust analysis. Furthermore, chief economists of the EU Commission and the Federal Trade Commission (FTC) have recently made some proposals for possible reforms to the IPR policies of standard setting organizations (SSOs). In their article, they strongly emphasize the adverse...

  9. INDONESIAN SALVAGE LAW WITHIN THE FRAMEWORK OF CONTEMPORARY MARITIME LAW

    Directory of Open Access Journals (Sweden)

    Dhiana Puspitawati

    2015-12-01

    Full Text Available Located in a strategic position, that is between two great oceans and two land masses have made Indonesia a centre of international trade and shipping. In fact, 90% of international trades are carried out through the ocean. It is therefore crucial to assure that the activities in carrying goods across the ocean are incident free. However, if accident happens, assistance from professionals to preserve items of property is desirable. In such, salvage law emerged. This paper discusses comprehensively Indonesian salvage law within the framework of contemporary maritime law. While Indonesian maritime law is mostly based on its national law on the carriage of goods by the sea, in fact, the development of maritime law is highly affected by international practices which are largely based on international conventions and regulations. This research finds that while Indonesian salvage law can be found in Book II Chapter VII article 545-568k Wetboek Van Koophandel or known as Kitab Undang-undang Hukum Dagang (KUHD, which focused narrowly on the value of salved property as the primary measures of success, yet Indonesian salvage law has not been developed in accordance with current international salvage law, which adopted a broader and more balanced approached in both commercial and environmental aspects. Although it is believed that such approached is “culturally unrecognized” in Indonesia, this research argued that since Indonesian waters are part of international waters, all process by waters including salvage should confirm the relevant international practices and regulations. While Indonesia has taken out salvage law from KUHD and regulates it within Act Number 17/2008 on navigation, however, such act only provides one article for salvage stating that salvage will be regulates further by Ministry Regulation. Untill this paper was written no such government regulation produced yet by Indonesia. Since Indonesian waters is the centre of international

  10. Space, time and conservation laws

    International Nuclear Information System (INIS)

    Aronov, R.A.; Ugarov, V.A.

    1978-01-01

    The Neter theorem establishing correspondence between conservation laws and symmetry properties (space and time in particular) is considered. The theorem is based on one of the possible ways of finding equations of motion for a physical system. From a certain expression (action functional) equations of motion for a system can be obtained which do not contain new physical assertions in principal in comparison with the Newtonian laws. Neter suggested a way of deriving conservation laws by transforming space and time coordinates. Neter theorem consequences raise a number of problems: 1). Are conservation laws (energy, momentum) consequences of space and time symmetry properties. 2). Is it possible to obtain conservation laws in theory neglecting equations of motion. 3). What is of the primary importance: equations of motion, conservation laws or properties of space and time symmetry. It is shown that direct Neter theorem does not testify to stipulation of conservation laws by properties of space and time symmetry and symmetry properties of other non-space -time properties of material systems in objective reality. It says nothing of whether there is any subordination between symmetry properties and conservation laws

  11. Advanced Introduction to Private Law

    NARCIS (Netherlands)

    Smits, Jan

    2017-01-01

    In this Advanced Introduction, the reader is taken on an intellectual journey through the different facets and dimensions of private law, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law,

  12. International school of nuclear law

    Energy Technology Data Exchange (ETDEWEB)

    Anon.

    2003-01-01

    This is a report about the second International School of Nuclear Law (ISNL) held in Montpellier, France, on August 26 to September 7, 2002, by the OECD Nuclear Energy Agency (NEA) and the University of Montpellier 1 with the support of the International Nuclear Law Association (INLA), the European Commission, and the International Atomic Energy Agency (IAEA). (orig.)

  13. International School of Nuclear Law

    Energy Technology Data Exchange (ETDEWEB)

    Anon.

    2004-12-01

    This is a report about the fourth International School of Nuclear Law (ISNL) held in Montpellier, France, on 23 August to 3 September 2004 by the OECD Nuclear Energy Agency (NEA) and the University of Montpellier 1 with the support of the International Nuclear Law Association (INLA), the European Commission, and the International Atomic Energy Agency (IAEA). (orig.)

  14. A Law of Comparative Judgment.

    Science.gov (United States)

    Thurstone, L. L.

    1994-01-01

    The law of comparative judgment is described, and applications in the measurement of psychological values are reviewed. The law defines the psychological continuum and expresses the experimentally observed proportion of judgments as a function of scale values of stimuli, their respective discriminal dispersions, and the correlation between paired…

  15. International School of Nuclear Law

    International Nuclear Information System (INIS)

    Anon.

    2004-01-01

    This is a report about the fourth International School of Nuclear Law (ISNL) held in Montpellier, France, on 23 August to 3 September 2004 by the OECD Nuclear Energy Agency (NEA) and the University of Montpellier 1 with the support of the International Nuclear Law Association (INLA), the European Commission, and the International Atomic Energy Agency (IAEA). (orig.)

  16. Law Reform and Child Protection

    Directory of Open Access Journals (Sweden)

    Ronan Cormacain

    2014-10-01

    Full Text Available In this Editorial Ronan Cormacain (Editor-in-Chief, ISLRev, Institute of Advanced Legal Studies welcomes you to the third issue of the IALS Student Law Review. He explains the background to this special edition focusing on Law Reform and Child Protection and introduces the articles featured in this issue of the journal.

  17. Law and Protestantism in Denmark

    DEFF Research Database (Denmark)

    Tamm, Ditlev

    2016-01-01

    This contribution deals with the influence of the Reformation on the law in Denmark. The Reformation was basically a reform of the church, but it also affected the concept of law and state in general. In 1536, King Christian III dismissed the catholic bishops and withheld the property of the chur...

  18. Electicism in Law and Economics

    NARCIS (Netherlands)

    A. Arcuri (Alessandra)

    2008-01-01

    textabstractAs the popularity of ‘law and economics’ is rapidly increasing, this essay is an invitation to pause and reflect on its methodology. Mainstream law and economics is generally associated with a paradigm that embraces rational choice theory as the theoretical grid that best understands

  19. Student difficulties with Gauss' law

    Science.gov (United States)

    Kanim, Stephen

    2000-09-01

    Many students in introductory courses have difficulty solving Gauss' law problems. Through interviews with students and analysis of solutions to homework and examination questions we have identified some specific conceptual difficulties that often contribute to students' inability to solve quantitative Gauss' law problems. We give examples of common difficulties and discuss instructional implications.

  20. Three lectures on Newton's laws

    OpenAIRE

    Kokarev, Sergey S.

    2009-01-01

    Three small lectures are devoted to three Newton's laws, lying in the foundation of classical mechanics. These laws are analyzed from the viewpoint of our contemporary knowledge about space, time and physical interactions. The lectures were delivered for students of YarGU in RSEC "Logos".

  1. Law and Protestantism in Denmark

    DEFF Research Database (Denmark)

    Tamm, Ditlev

    2016-01-01

    . The king, as custos duarum tabularum, guardian of both the tablets of law, also took over the legislation for the church. Especially in subjects of morals and criminal law new principles and statutes were enacted. Copenhagen University was reformed into a protestant seminary even though the former...

  2. A note on the laws of thermodynamics

    International Nuclear Information System (INIS)

    Dunning-Davies, J.

    1984-01-01

    It is shown that, while links exist between the second and third laws, between the zeroth and proposed fourther laws and between the zeroth and second laws, no equivalences have been proved. Moreover, for positive absolute temperatures, the second law is seen to imply the zeroth law, provided the validity of the first law is assumed. However, since this result does not hold for negative absolute temperatures, no redundancy among the laws of thermodynamics can be claimed to have been established

  3. Power-law inflation

    International Nuclear Information System (INIS)

    Lucchin, F.; Matarrese, S.

    1985-01-01

    The outstanding cosmological problems (horizon, flatness, . . .) which may be solved by the usual inflationary models may also find a solution in the frame of a ''generalized'' inflationary cosmology which is characterized by a suitable phase of accelerated expansion. The usual exponential growth of the scale factor S is just a particular case of such a general idea. Following this line of thought, we study in some detail a simple inflationary model characterized by a scale factor which grows like Sapprox.t/sup p/, with p a constant greater than one, which we call power-law inflation (PLI). Some properties of PLI have been analyzed, in different contexts, also by other authors. We consider the constraints on this model coming from the requirement of solving the horizon, flatness, ''good'' reheating, and ''convenient'' perturbation-spectrum problems. In order to obtain the perturbation spectrum when re-entering the horizon during the Friedmann phase, we extend to PLI the gauge-invariant approach developed by Bardeen et al. for the usual inflationary models. We find that the above constraints can be suitably satisfied. Finally, we outline possible connections between PLI and particular inflationary models which have recently been proposed

  4. Dyslexia laws in the USA.

    Science.gov (United States)

    Youman, Martha; Mather, Nancy

    2013-07-01

    Throughout the various states of the USA, the appropriate identification of dyslexia and the timely provision of interventions are characterized by variability and inconsistency. Several states have recognized the existence of this disorder and the well-established need for services. These states have taken proactive steps to implement laws and regulations for both identification and treatment, and the provision of equal access to students who are diagnosed with dyslexia. The majority of states, however, have not developed such laws and guidelines. The purposes of this article are to review the present status and content of these dyslexia laws, highlight some differences among the laws and regulations across states, and suggest strategies for initiating such laws.

  5. Principles of European Contract Law

    DEFF Research Database (Denmark)

    Lando, Ole; Beale, Hugh

    in developing a common European legal culture. The European Parliament has twice called for the creation of a European Civil Code. The principles of European contract law are essential steps in these projects. This text provides a comprehensive guide to the Principles of European contract law. They have been......This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form...... of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic. "The Principles of European Contract Law Parts I &...

  6. Human rights and health law.

    Science.gov (United States)

    Freckelton, Ian

    2006-08-01

    Important statutory and common law developments are changing the landscape of health law in Australia. Human rights considerations are formally included amongst the factors to be applied in the interpretation of statutory provisions and evaluating the lawfulness of actions on the part of government instrumentalities. The Human Rights Act 2004 (ACT) and the Charter of Human Rights and Responsibilities Act 2006 (Vic) create limited bills of rights at State/Territory level in two Australian jurisdictions. Although neither is entrenched, they have the potential to make it more difficult for government to promulgate laws that are inconsistent with human rights, as defined. They will have important repercussions for the evolution of health law in these jurisdictions. The decision of Royal Women's Hospital v Medical Practitioners Board (Vic) [2006] VSCA 85 by the Victorian Court of Appeal has also provided a legitimation for parties to incorporate human rights perspectives in submissions about the interpretation of statutory provisions where health rights are in conflict.

  7. Reflections on international medical law.

    Science.gov (United States)

    Wattad, Mohammed S; Hrevtsova, Radmyla Yu

    2011-12-01

    Does international medical law exist, in the first place, as an independent area of study? If so, is it urgently required in an era of comparative studies? Namely, to what extent, if at all, international studies differ from comparative ones? Besides, what are the particular characteristics of such international discipline? Namely, what are the particular features of this field that elaborate on our legal and scientific understanding in sketching possible definition for this notion of "international medical law?" In addition, how does international medical law correlate with health, ethics and health policies in our globalized world? And finally, what are the challenges that might face the international community, once the concept of "international medical law" is acknowledged? This papers aims at establishing the conceptual grounds for these questions, thus calling for the acknowledgment of a new field of study described as "international medical law".

  8. 10 CFR 1.15 - Atomic Safety and Licensing Board Panel.

    Science.gov (United States)

    2010-01-01

    ..., physicists, engineers, and environmental scientists; and Administrative Law Judges, who hear antitrust, civil... Administrative Law Judges and makes appropriate recommendations to the Commission concerning the rules governing...

  9. State aid in the EU law and national law

    Directory of Open Access Journals (Sweden)

    Divljak Drago

    2011-01-01

    Full Text Available Due to emphasized negative implications, state aid in contemporary law is more and more the subject of legal rules of supra-national and international law, and consequently it is more and more frequently the subject of national laws. The systems of state aid are based on the principle of general non-allowedness of state aid, which is relativised with wide exceptions and the form of allowed and conditionally allowed forms of state aid. In the EU law, a complex and differentiated system of legal regime on state aid is created aimed at preventing the Member States to protect or promote their companies at the expense or harm of competition within the EU. Compared to the regulations that refer to subsidies and that are created at the international level, within the WTO, these regulations are much more detailed and they cover a wide spectrum of different forms of state aid. National laws are accepting the EU concept as a novelty, which is valid in particular for countries in the process of the EU integrations. This has been done in our law as well by enacting of the Law on state aid control. This Law regulates general conditions for granting, granting control, and utilization of state assistance, with the essential objective to establish and provide for competitive market conditions and introduction of order in the field that has not been regulated previously. At the same time, this means a successful fulfillment of the obligations related to pre-accession harmonization of this field, which is a necessary pre-condition for accession of our country into this group of countries since the EU standards and requirements have been fully observed with the above-mentioned Law.

  10. Laws on Robots, Laws by Robots, Laws in Robots : Regulating Robot Behaviour by Design

    NARCIS (Netherlands)

    Leenes, R.E.; Lucivero, F.

    2015-01-01

    Speculation about robot morality is almost as old as the concept of a robot itself. Asimov’s three laws of robotics provide an early and well-discussed example of moral rules robots should observe. Despite the widespread influence of the three laws of robotics and their role in shaping visions of

  11. Alexander's law revisited.

    Science.gov (United States)

    Jacobson, Gary P; McCaslin, Devin L; Kaylie, David M

    2008-09-01

    It is a common occurrence in the balance function laboratory to evaluate patients in the post-acute period following unilateral vestibular system impairment. It is important to be able to differentiate spontaneous nystagmus (SN) emanating from peripheral vestibular system impairments from asymmetric gaze-evoked nystagmus (GEN) that originates from central ocular motility impairment. To describe the three elements of Alexander's Law (AL) that have been used to define SN from unilateral peripheral impairment. Additionally, a fourth element is described (i.e., augmentation of spontaneous nystagmus from unilateral peripheral vestibular system impairment) that differentiates nystagmus of peripheral vestibular system origin from nystagmus that originates from a central eye movement disorder. Case reports. Case data were obtained from two patients both showing a nystagmus that followed AL. None Videonystagmography (VNG), rotational, vestibular evoked myogenic potential (VEMP), and neuro-imaging studies were presented for each patient. The nystagmus in Case 1 occurred as a result of a unilateral, peripheral, vestibular system impairment. The nystagmus was direction-fixed and intensified in the vision-denied condition. The nystagmus in Case 2, by appearance identical to that in Case 1, was an asymmetric gaze-evoked nystagmus originating from a space-occupying lesion in the cerebello-pontine angle. Unlike Case 1, the nystagmus did not augment in the vision-denied condition. Although nystagmus following AL usually occurs in acute peripheral vestibular system impairment, it can occur in cases of central eye movement impairment. The key element is whether the SN that follows AL is attenuated or augmented in the vision-denied condition. The SN from a unilateral peripheral vestibular system impairment should augment in the vision denied condition. An asymmetric GEN will either not augment, decrease in magnitude, or disappear entirely, in the vision-denied condition.

  12. 38 CFR 21.4274 - Law courses.

    Science.gov (United States)

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Law courses. 21.4274... Pursuit of Courses § 21.4274 Law courses. (a) Accredited. A law course in an accredited law school leading to a standard professional law degree will be assessed as provided in § 21.4273(a). (b) Nonaccredited...

  13. Fuzzy Law and the Boundaries of Secularism

    African Journals Online (AJOL)

    Werner Menski

    campaign group opposes the existence of all kinds of religious courts. No fuzziness here: law is simply state law and we must have one law for all. Private dispute settlement is out, no multicultural ADR! Tony Blair asserted exactly the same position and then silently created Islamic banking law in the shadow of English law.

  14. A 'Scottish Poor Law of Lunacy'? Poor Law, Lunacy Law and Scotland's parochial asylums.

    Science.gov (United States)

    Farquharson, Lauren

    2017-03-01

    Scotland's parochial asylums are unfamiliar institutional spaces. Representing the concrete manifestation of the collision between two spheres of legislation, the Poor Law and the Lunacy Law, six such asylums were constructed in the latter half of the nineteenth century. These sites expressed the enduring mandate of the Scottish Poor Law 1845 over the domain of 'madness'. They were institutions whose very existence was fashioned at the directive of the local arm of the Poor Law, the parochial board, and they constituted a continuing 'Scottish Poor Law of Lunacy'. Their origins and operation significantly subverted the intentions and objectives of the Lunacy Act 1857, the aim of which had been to institute a public district asylum network with nationwide coverage.

  15. Relativistic covariance of Ohm's law

    Science.gov (United States)

    Starke, R.; Schober, G. A. H.

    2016-04-01

    The derivation of Lorentz-covariant generalizations of Ohm's law has been a long-term issue in theoretical physics with deep implications for the study of relativistic effects in optical and atomic physics. In this article, we propose an alternative route to this problem, which is motivated by the tremendous progress in first-principles materials physics in general and ab initio electronic structure theory in particular. We start from the most general, Lorentz-covariant first-order response law, which is written in terms of the fundamental response tensor χμ ν relating induced four-currents to external four-potentials. By showing the equivalence of this description to Ohm's law, we prove the validity of Ohm's law in every inertial frame. We further use the universal relation between χμ ν and the microscopic conductivity tensor σkℓ to derive a fully relativistic transformation law for the latter, which includes all effects of anisotropy and relativistic retardation. In the special case of a constant, scalar conductivity, this transformation law can be used to rederive a standard textbook generalization of Ohm's law.

  16. The LRA and the common law | Wallis | Law, Democracy ...

    African Journals Online (AJOL)

    Law, Democracy & Development. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 9, No 2 (2005) >. Log in or Register to get access to full text downloads.

  17. Divorce by consent in Roman law and contemporary law

    Directory of Open Access Journals (Sweden)

    Ignjatović Marija

    2013-01-01

    Full Text Available The subject matter of this paper is divorce by mutual consent in Roman law and contemporary law. In the first part of this article, the authors analyzes the key tenets of consensual divorce in Roman law, with specific reference to the impact of Christian religious teaching on the concepts of marriage and divorce as well as on the Roman rulers' constitutions, which marked the beginning of the process of restricting the right to divorce. In the central part of the paper, the authors examines the regulation on the consensual divorce in some contemporary legal systems. In addition, the authors provides a substantial analysis of the normative framework on the termination of marriage in the positive Serbian legislation. In the final part of the paper, the authors provides a comparative analysis and underscores the observed similarities and differenced in the regulation of the institute of consensual divorce in Roman law and in the contemporary legislation.

  18. Water Security and International Law

    Directory of Open Access Journals (Sweden)

    Tuomas Kuokkanen

    2017-01-01

    Full Text Available The article explores water security from an international law point of view. The article argues that in order to better understand water security it is important to focus on the function of international water law. Even though water security is a relatively recent concept it was latent in the process of the evolution of international water law. In addition, the article examines the relationship between man and water from the point of view of water security. The article seeks to answer the question: how does international water law deal with that relationship? Is water only an object to be utilized and protected or has the relationship become more complex and ambivalent through the occurrence of various extreme events. Furthermore, the article places the concept of water security into a historiographical and substantive context. It explores three broad approaches by international law to water issues: general international law, the regulatory approach and the management approach. The article argues that they are all relevant to water security. Finally, the article seeks to demonstrate that even though water security has emerged as a new notion, this does not mean that international law does not include rules and principles relevant for water security. Indeed, many general principles of international law are applicable in the context of water security. In addition, specific regulations dealing with water quantity and quality issues have been developed in international environmental law, although they are not necessarily labelled as water security rules. Moreover, various risk management methods have been elaborated to deal with water-related disasters and crises. Reciprocally, water security arguments are not necessarily new notions but rather reflect already existing concepts and principles.

  19. Criminal Law of the Enemy X Criminal Law Citizen

    Directory of Open Access Journals (Sweden)

    Déa Carla Pereira Nery

    2016-06-01

    Full Text Available The article analyzes the Criminal Law of the Enemy opposed to criminal law in the Citizen, emphasizing the need for the state to recognize the author of the fact tortious as an enemy that must be destroyed, but as an individual who presented a behavior that hurt the norm, not yet lost its status as citizens and their right to reintegrate into society.

  20. Benford's law theory and applications

    CERN Document Server

    Miller, Steven J

    2015-01-01

    Benford's law states that the leading digits of many data sets are not uniformly distributed from one through nine, but rather exhibit a profound bias. This bias is evident in everything from electricity bills and street addresses to stock prices, population numbers, mortality rates, and the lengths of rivers. Here, Steven Miller brings together many of the world's leading experts on Benford's law to demonstrate the many useful techniques that arise from the law, show how truly multidisciplinary it is, and encourage collaboration. Beginning with the general theory, the contributors explain t

  1. Time, history and international law

    CERN Document Server

    Craven, Matthew; Vogiatzi, Maria

    2006-01-01

    This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or unders

  2. English for International Trade Law

    Directory of Open Access Journals (Sweden)

    Bilová Štĕpánka

    2014-09-01

    Full Text Available The Faculty of Law at Masaryk University in Brno, the Czech Re- public, offers several fields of studies, one of them being the three-year Bachelor’s degree programme of International Trade Law. This programme includes two semesters of English for specific purposes which the students take in their first year of studies. However, as the programme is offered as a part time study, there are only 10 lessons of English taught within two days per semester. Preparing a course which would develop the students’ language abilities and skills in the international trade law environment appears to be rather challenging under such conditions.

  3. NATIONAL PUBLIC LAW IS BACK, EUROPEAN LAW DISAPPEARS?

    Directory of Open Access Journals (Sweden)

    MARIUS VACARELU

    2012-05-01

    Full Text Available Analyzing the last two years main titles in daily press, we discover not only great economic problems inside the EU, but also big concerns about the future of EU, when a lot of states are victims of their public debt. For this big deficit, only national budget was good to help, at European level money are missing. In this idea, the concept: “EU with two speeds” really appears, and every government is forced today to have a position. But on this case, a good part of European laws are menaced by the national law coming back – it must be a legal system able to replace the holes, because every human situation must be regulated by a kind of law. In fact, last years discovered why a lot of political constructions are made only of “perfect papers”, not according with the reality. In this case, when integrationist plans are rejected by the reality, only the national states and the national public law are forced to intervene and to support the fury. Our text try to analyze where is the limit of EU law appliance in this case and how much national law will come back.

  4. THE PARADOX OF POSITIVISTIC VIEW AND PROGRESSIVE LAW OF CRIMINAL LAW ENFORCEMENT IN INDONESIA

    Directory of Open Access Journals (Sweden)

    Krismiyarsi Krismiyarsi

    2015-06-01

    Full Text Available The paradox of positivistic view and progressive law in the criminal law enforcement happened because there is a difference among the law enforcement officer’s view and perception.  Our law education from the beginning until now still teaches the students the positivistic view so that after the students becoming law officers in running the law they still use positive law or positivistic view. The positivistic view is often far from the substantive justice and close to the formal justice. In order to functioning the progressive law in law enforcement especially the penal code constraint of positivistic view which rooted inside of the law enforcer’s mind, therefore it is need paradigm change by fixing the law system, law education, ethics and morality of law officers , and increasing religious consciousness.Keywords: paradox, law positivism, progressive law, criminal law enforcement

  5. HSIP Law Enforcement Locations in New Mexico

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — Law Enforcement Locations Any location where sworn officers of a law enforcement agency are regularly based or stationed. Law Enforcement agencies "are publicly...

  6. On the Concept of Law in Physics

    OpenAIRE

    Kiefer, Claus

    2013-01-01

    I discuss the main features of the concept of law in physics. Fundamental laws from Newtonian mechanics to general relativity are reviewed. I end with an outlook on the new form of laws in the emerging theory of quantum gravity.

  7. Order Statistics and Benford's Law

    Directory of Open Access Journals (Sweden)

    Steven J. Miller

    2008-01-01

    whether or not the distribution of the digits of all the unnormalized differences converges to Benford's law, shifted exponential behavior, or oscillates between the two, and show that the Pareto distribution leads to oscillating behavior.

  8. National Courts and EU Law

    DEFF Research Database (Denmark)

    rights in the area of freedom, security and justice. The analysis of each is enriched through diverse research methods such as case-law analysis, citation network analysis, interviews, surveys and statistics. With its new legal and empirical assessment covering the newest member states of the EU......This insightful and discerning book offers a fresh discourse on the functioning of national courts as decentralised EU courts and a new thematic for revising some older understandings of how national judges apply EU law. Organised into three key sections, the interdisciplinary chapters combine...... approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts’ roles in protecting fundamental...

  9. HUD Administrative Law Judges Decisions

    Data.gov (United States)

    Department of Housing and Urban Development — This site contains substantive and precedential decisions issued by the Office of Administrative Law Judges. The site does not contain subsequent rulings or...

  10. Pollution Law - Clean Air Act

    International Nuclear Information System (INIS)

    Schmitt Glaeser, W.; Meins, J.W.

    1982-01-01

    This volume deals with how the living space air is kept clean by means of the pollution law, focussing on the documentation of central problems of pollution law by means of selected articles and court decisions. The literature and jurisdiction available on this sector of which we can hardly keep track makes such a documentation look useful and necessary. It will make working easier for those who do not have direct access to large libraries. The only intention of the guide for the pollution law which preceeds the documentation is to outline basic problems. It is intended to provide basic information in this complex field of law. At the same time, it also constitutes a 'guide' for the documentation: By naming the documentation number in the margin of the respective passage reference is made to the documented publications which deal with the legal issues considered. Using this guide, the documentation can be easily tapped. (orig.) [de

  11. Criminal Law Study Guide (Revision)

    National Research Council Canada - National Science Library

    1998-01-01

    .... Correct application of principles of military criminal law. This study guide is the is the primary text for students in the course and may be also useful to practicing judge advocates as a starting point for research...

  12. Case law and administrative decisions

    International Nuclear Information System (INIS)

    Anon.

    2004-01-01

    Two points are related in case law: the judgement of the appeal court of Limoges regarding the dumping of radioactive waste by Cogema, and the judgement of the slovak constitutional court on Greenpeace claim. (N.C.)

  13. Health Law as Social Justice.

    Science.gov (United States)

    Wiley, Lindsay F

    2014-01-01

    Health law is in the midst of a dramatic transformation. From a relatively narrow discipline focused on regulating relationships among individual patients, health care providers, and third-party payers, it is expanding into a far broader field with a burgeoning commitment to access to health care and assurance of healthy living conditions as matters of social justice. Through a series of incremental reform efforts stretching back decades before the Affordable Care Act and encompassing public health law as well as the law of health care financing and delivery, reducing health disparities has become a central focus of American health law and policy. This Article labels, describes, and furthers a nascent "health justice" movement by examining what it means to view health law as an instrument of social justice. Drawing on the experiences of the reproductive justice, environmental justice, and food justice movements, and on the writings of political philosophers and ethicists on health justice, I propose that health justice offers an alternative to the market competition and patient rights paradigms that currently dominate health law scholarship, advocacy, and reform. I then examine the role of law in reducing health disparities through the health justice lens. I argue that the nascent health justice framework suggests three commitments for the use of law to reduce health disparities. First, to a broader inquiry that views access to health care as one among many social determinants of health deserving of public attention and resources. Second, to probing inquiry into the effects of class, racial, and other forms of social and cultural bias on the design and implementation of measures to reduce health disparities. And third, to collective action grounded in community engagement and participatory parity. In exploring these commitments, I highlight tensions within the social justice framework and between the social justice framework and the nascent health justice movement

  14. Contract Law in a Comparative Perspective

    OpenAIRE

    Suharnoko, -

    2012-01-01

    The development of Indonesian contract law has been influenced by enacment of new law, court verdicts and legal practices. It has been influenced by civil law and common law systems applied in other countries as well. The enacment of Consumer Protection Act strenghtens position of consumers against profesional seller. The Basic Agrarian Law and its Implementation Laws improve certainty in ownership of land. Courts have recognized, the doctrine of undue influence, acceptance by conduct, but th...

  15. Soft law in public international law : a pragmatic or a principled choice?

    NARCIS (Netherlands)

    Brus, Marcel M.T.

    2017-01-01

    This paper discusses the role of soft law in international law, in particular in the field of sustainable development law. Soft law is often regarded as non-law. However this qualification increasingly does not match the realities of the development of international law in which many legally

  16. Elementary derivation of Kepler's laws

    International Nuclear Information System (INIS)

    Vogt, E.

    1995-02-01

    A simple derivation of all three so-called Kepler Laws is presented in which the orbits, bound and unbound, follow directly and immediately from conservation of energy and angular momentum. The intent is to make this crowning achievement of Newtonian Mechanics easily accessible to students in introductory physics courses. The method is also extended to simplify the derivation of the Rutherford Scattering Law. (author). 4 refs., 3 figs

  17. Principles of European Company Law

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2010-01-01

    The article focuses on how much we have in common in Europe within company law and its development, and on the principles which are the determining factors for the activities of European companies. The article shows that what we have in common greatly outweighs what divides us......, and this is presented in the article as the provisional capstone of 400 years of joint European development of company law....

  18. New population law for Mexico.

    Science.gov (United States)

    1974-02-01

    A bill of additions and reforms to Mexico's General Law on Population, which established a legal framework for planned parenthood programs as part of a general development policy, set guidelines for the protection of human rights in public and private programs, and dealt with migration, immigration, emigration, and repatriation, was announced initially by Mexican President Luis Echeverria as one step toward reducing Mexico's 3.5% annual rate of growth. The legislation became law on January 7, 1974.

  19. Law of the Minimum paradoxes.

    Science.gov (United States)

    Gorban, Alexander N; Pokidysheva, Lyudmila I; Smirnova, Elena V; Tyukina, Tatiana A

    2011-09-01

    The "Law of the Minimum" states that growth is controlled by the scarcest resource (limiting factor). This concept was originally applied to plant or crop growth (Justus von Liebig, 1840, Salisbury, Plant physiology, 4th edn., Wadsworth, Belmont, 1992) and quantitatively supported by many experiments. Some generalizations based on more complicated "dose-response" curves were proposed. Violations of this law in natural and experimental ecosystems were also reported. We study models of adaptation in ensembles of similar organisms under load of environmental factors and prove that violation of Liebig's law follows from adaptation effects. If the fitness of an organism in a fixed environment satisfies the Law of the Minimum then adaptation equalizes the pressure of essential factors and, therefore, acts against the Liebig's law. This is the the Law of the Minimum paradox: if for a randomly chosen pair "organism-environment" the Law of the Minimum typically holds, then in a well-adapted system, we have to expect violations of this law.For the opposite interaction of factors (a synergistic system of factors which amplify each other), adaptation leads from factor equivalence to limitations by a smaller number of factors.For analysis of adaptation, we develop a system of models based on Selye's idea of the universal adaptation resource (adaptation energy). These models predict that under the load of an environmental factor a population separates into two groups (phases): a less correlated, well adapted group and a highly correlated group with a larger variance of attributes, which experiences problems with adaptation. Some empirical data are presented and evidences of interdisciplinary applications to econometrics are discussed. © Society for Mathematical Biology 2010

  20. Nuclear laws and radiologic accidents

    International Nuclear Information System (INIS)

    Frois, Fernanda

    1997-01-01

    Some aspects of the nuclear activities in Brazil, specially concerning the Goiania s accident are demonstrated using concepts from environmental and nuclear law. Nuclear and environmental competence, the impossibility of the states of making regional laws, as the lack of regulation about the nuclear waste, are discussed. The situation of Goiania when the accident happened, the present situation of the victims and the nuclear waste provisionally stored in Abadia de Goias is reported

  1. Exponentially Stabilizing Robot Control Laws

    Science.gov (United States)

    Wen, John T.; Bayard, David S.

    1990-01-01

    New class of exponentially stabilizing laws for joint-level control of robotic manipulators introduced. In case of set-point control, approach offers simplicity of proportion/derivative control architecture. In case of tracking control, approach provides several important alternatives to completed-torque method, as far as computational requirements and convergence. New control laws modified in simple fashion to obtain asymptotically stable adaptive control, when robot model and/or payload mass properties unknown.

  2. Corrective justice and contract law

    OpenAIRE

    Martín Hevia

    2010-01-01

    This article suggests that the central aspects of contract law in various jurisdictions can be explained within the idea of corrective justice. The article is divided into three parts. The first part distinguishes between corrective justice and distributive justice. The second part describes contract law. The third part focuses on actions for breach of contract and within that context reflects upon the idea of corrective justice.

  3. Scaling laws of aquatic locomotion

    Science.gov (United States)

    Sun, BoHua

    2017-10-01

    In recent years studies of aquatic locomotion have provided some remarkable insights into the many features of fish swimming performances. This paper derives a scaling relation of aquatic locomotion C D( Re)2 = ( Sw)2 and its corresponding log law and power law. For power scaling law, ( Sw)2 = β n Re 2-1/ n , which is valid within the full spectrum of the Reynolds number Re = UL/ν from low up to high, can simply be expressed as the power law of the Reynolds number Re and the swimming number Sw = ωAL/ν as Re ∝ ( Sw)σ, with σ = 2 for creeping flows, σ = 4=3 for laminar flows, σ = 10=9 and σ = 14=13 for turbulent flows. For log law this paper has derived the scaling law as Sw ∝ Re=(ln Re+1:287), which is even valid for a much wider range of the Reynolds number Re. Both power and log scaling relationships link the locomotory input variables that describe the swimmer's gait A; ω via the swimming number Sw to the locomotory output velocity U via the longitudinal Reynolds number Re, and reveal the secret input-output relationship of aquatic locomotion at different scales of the Reynolds number

  4. Casuistry as common law morality.

    Science.gov (United States)

    Paulo, Norbert

    2015-12-01

    This article elaborates on the relation between ethical casuistry and common law reasoning. Despite the frequent talk of casuistry as common law morality, remarks on this issue largely remain at the purely metaphorical level. The article outlines and scrutinizes Albert Jonsen and Stephen Toulmin's version of casuistry and its basic elements. Drawing lessons for casuistry from common law reasoning, it is argued that one generally has to be faithful to ethical paradigms. There are, however, limitations for the binding force of paradigms. The most important limitations--the possibilities of overruling and distinguishing paradigm norms--are similar in common law and in casuistry, or so it is argued. These limitations explain why casuistry is not necessarily overly conservative and conventional, which is one line of criticism to which casuists can now better respond. Another line of criticism has it that the very reasoning from case to case is extremely unclear in casuistry. I suggest a certain model of analogical reasoning to address this critique. All my suggestions to understand and to enhance casuistry make use of common law reasoning whilst remaining faithful to Jonsen and Toulmin's main ideas and commitments. Further developed along these lines, casuistry can appropriately be called "common law morality."

  5. Teaching medical ethics and law.

    Science.gov (United States)

    Parker, Malcolm

    2012-03-01

    The teaching of medical ethics is not yet characterised by recognised, standard requirements for formal qualifications, training and experience; this is not surprising as the field is still relatively young and maturing. Under the broad issue of the requirements for teaching medical ethics are numerous more specific questions, one of which concerns whether medical ethics can be taught in isolation from considerations of the law, and vice versa. Ethics and law are cognate, though distinguishable, disciplines. In a practical, professional enterprise such as medicine, they cannot and should not be taught as separate subjects. One way of introducing students to the links and tensions between medical ethics and law is to consider the history of law via its natural and positive traditions. This encourages understanding of how medical practice is placed within the contexts of ethics and law in the pluralist societies in which most students will practise. Four examples of topics from medical ethics teaching are described to support this claim. Australasian medical ethics teachers have paid less attention to the role of law in their curricula than their United Kingdom counterparts. Questions like the one addressed here will help inform future deliberations concerning minimal requirements for teaching medical ethics.

  6. Constitutional collisions of criminal law

    Directory of Open Access Journals (Sweden)

    Sergey M. Inshakov

    2016-12-01

    Full Text Available Objective to identify and resolve conflicts between the norms of constitutional and criminal law which regulate the issue of legal liability of senior officials of the state. Methods formallogical systematic comparativelegal. Results the article analyzes the embodiment of the principle of citizensrsquo equality under the law regarding the criminal responsibility of the President of the Russian Federation as one of the segments of the elite right other criminal and legal conflicts are considered associated with the creation of conditions for derogation from the principle of equality. Basing on this analysis the means of overcoming collisions between the norms of constitutional and criminal law are formulated. Scientific novelty in the article for the first time it has been shown that in the Russian criminal law there are exceptions to the principle of citizensrsquo equality under the law relating to the President of the Russian Federation the conflicts are identified between the norms of constitutional and criminal law regulating the issue of legal liability of senior officials of the state ways of overcoming conflicts are suggested. Practical significance the main provisions and conclusions of the article can be used in research and teaching in the consideration of issues of senior state officialsrsquo criminal liability.

  7. Law Commissions – What is the essence of their law reform role?

    Directory of Open Access Journals (Sweden)

    Neil Faris

    2014-10-01

    Full Text Available Article by Neil Faris (Solicitor and a former Commissioner at the Northern Ireland Law Commission reflecting on the nature of law reform as carried out by law commissions. This is in the context of the author’s experience in the Northern Ireland Law Commission. The paper assesses the importance of independence in any law reform body and the particular impact which law commissioners may bring to the law reform process. The paper looks at the history of law reform in Northern Ireland leading to the establishment of the Commission with a brief overview of the work of the Commission. The conclusion is that there is a role for effective law reform driven by commissioner led independent law commissions. The author makes a strong case for the need for independent law commissions to promote high quality law reform. His article gives an idea about how law reform works in practice with law commissions providing one route for reforming the law.

  8. Gemachtes Recht - gegebenes Recht / Made Law - Given Law

    Directory of Open Access Journals (Sweden)

    Lorenz Engi

    2007-08-01

    Full Text Available Das Recht der Moderne ist auf den Begründungsmodus der Positivität umgestellt, und es ist Instrument einer Politik mit weitreichendem Steuerungsanspruch. In Kombination mit einer Steigerung der Umweltkomplexität ergibt sich daraus für das Recht eine starke Belastung. Es wird quantitativ ausgedehnt, an normativer Kraft aber eher ärmer. Als neuer Faktor tritt die Globalisierung der Weltverhältnisse in diese Situation ein. Da das Recht sich globalisieren kann, die Politik aber nur begrenzt (kein Weltstaat, ergeben sich daraus Möglichkeiten der partiellen Wiederabkoppelung des Rechts von der Politik. Das Recht könnte der Politik von politikunabhängigen Legitimationsgrundlagen her verstärkt wieder eigenständig gegenübertreten. Modern law has shifted towards a positivistic mode of reasoning,and is the instrument of a form of politics that claims wide‐ranging rights of control. In combination with an increase of environmental complexity, law is impacted strongly. It is quantitatively extended, thereby losing its normative power. A globalization of world conditions enters the situation as a new factor. As law has the ability to globalize itself, whereas politics can only do so in a limited way (not a world state, possibilities for a partial re‐disengagement of law from politics result from this. Law is now able to face politics more strongly from a basis of legitimization that is independent from politics.

  9. Business and human rights: from soft law to hard law?

    Directory of Open Access Journals (Sweden)

    Ramona Elisabeta Cîrlig

    2016-12-01

    Full Text Available Over the last decades the international community turned its attention towards the impact that businesses have on human rights, and the role they can play in furt hering human rights protection, in light of the lead role they play in globalization, and the increasingly vocal allegations of human rights violations directed against some multinationals. These developments triggered some action at the United Nations, an d at the European Union level, and led to the development of international soft law in this area, moving slowly towards binding instruments. This paper explores the evolution of business and human rights, presents the current international non-binding instruments, as well as some states’ binding initiatives in this area, and highlights the tendency to move from soft law to hard law, to leave the realm of voluntary corporate responsibility for the one of pure accountability. In this context, several solutions are debated by scholars: from a binding treaty, or a series of narrower treaties focused on specific areas, to a Model Law which could be used by states to enact laws imposing obligations on businesses within their jurisdictions, or even adding human rights in the international investment agreements and making use of the international arbitration as an enforcement mechanism.

  10. European Law as a terminological issue

    Directory of Open Access Journals (Sweden)

    Michaela Poremská

    2012-01-01

    Full Text Available The European Law is a multiple-value term which is used in several branches of law and other sciences and its understanding is not clear. There are four basic branches of law explaining the concept of the “European law.“ One of them is the European law as the law of the EU. Second meaning is the law of international organizations. Then the law of Europe as the continent and the last meaning is connected with functional concept of law. The function is the regulation of competition or public procurement etc. The aim of the article is to contribute to better understanding of different meanings of the European law. Not only for the purpose of legal science but for other sciences as well because the EU law is binding for all the Member states and their activities.

  11. Religious law versus secular law The example of the get refusal in Dutch, English and Israeli law

    NARCIS (Netherlands)

    Blois, M. de

    2010-01-01

    The tension between religious law and secular law in modern democracies is illustrated in this article by a discussion of the different approaches to the get (a bill of divorce) refusal (based on Jewish law) under Dutch, English and Israeli law. These legal orders share many characteristics, but

  12. Nuclear law and disorder

    International Nuclear Information System (INIS)

    Roche, Douglas

    2005-01-01

    One would like to say that world attention will be focussed on the 2005 Review Conference of the Nuclear Non-Proliferation Treaty (NPT), that governments will rush to implement the 13 Practical Steps to nuclear disarmament already agreed on, that the combined actions of the political and civil order will greatly reduce the present high level of danger of the use of nuclear weapons. Unfortunately, in the real world of political disorder that we live in, none of this is likely to occur. There is no doubt in my mind that the present crisis is the worst the NPT has experienced. The treaty is on the verge of collapse, and the proliferation of nuclear weapons, both among those who already have them and those who want them, is staring us in the face. It is truly shocking that the public knows so little about the nature of the danger and that governments, for the most part, are so desultory in their approach to the upholding of law. While NPT meetings have never been free of conflict, the battles of the past were frequently patched over by an application of goodwill and a minimum show of trust. Now the goodwill and trust are gone largely because the nuclear-weapons States (NWS) have tried to change the rules of the game. Adherence to that bargain enabled the indefinite extension of the treaty in 1995 and the achievement of an 'unequivocal undertaking' in 2000 toward elimination through a programme of 13 Practical Steps. Now the US is rejecting the commitments of 2000 and premising its aggressive diplomacy on the assertion that the problem of the NPT lies not in the NWS's own actions but in the lack of compliance by States such as North Korea and Iran. Brazil bluntly warned: 'The fulfillment of the 13 steps on nuclear disarmament agreed during the 2000 Review Conference have been significantly - one could even say systematically - challenged by action and omission, and various reservations and selective interpretation by Nuclear Weapon States.' The whole international

  13. 77 FR 3282 - Agency Information Collection Activities: Proposed Collection; Comments Requested: Federal Coal...

    Science.gov (United States)

    2012-01-23

    ... lease is consistent with the antitrust laws. (5) An estimate of the total number of respondents and the... under Review. The Department of Justice (DOJ), Antitrust Division (ATR), will be submitting the... or additional information, please contact Jill Ptacek, Antitrust Division, United States Department...

  14. 77 FR 17500 - Agency Information Collection Activities: Proposed Collection; Comments Requested

    Science.gov (United States)

    2012-03-26

    ... antitrust laws. (5) An estimate of the total number of respondents and the amount of time estimated for an... Lease Request. The Department of Justice (DOJ), Antitrust Division (ATR), will be submitting the... information, please contact Jill Ptacek, Antitrust Division, United States Department of Justice, 450 5th...

  15. 76 FR 54734 - Proposed Information Collection; Comment Request; Application for Export Trade; Certificate of...

    Science.gov (United States)

    2011-09-02

    ... application of U.S. antitrust laws to export activities--especially joint export activities involving domestic... provides the certificate holder and its members with limited antitrust preclearance for specified export... information is necessary for both the Departments of Commerce and Justice to conduct an antitrust analysis, in...

  16. The epochs of international law

    CERN Document Server

    Grewe, Wilhelm G

    2000-01-01

    A theoretical overview and detailed analysis of the history of international law from the Middle Ages through to the end of the twentieth century (updated from the 1984 German language edition). Wilhelm Grewe's "Epochen der Völkerrechtsgeschichte" is widely regarded as one of the classic twentieth century works of international law. This revised translation by Michael Byers of Oxford University makes this important book available to non-German readers for the first time. "The Epochs of International Law" provides a theoretical overview and detailed analysis of the history of international law from the Middle Ages, to the Age of Discovery and the Thirty Years War, from Napoleon Bonaparte to the Treaty of Versailles and the Age of the Single Superpower, and does so in a way that reflects Grewe's own experience as one of Germany's leading diplomats and professors of international law. A new chapter, written by Wilhelm Grewe and Michael Byers, updates the book to 1998, making the revised translation of interest ...

  17. Three laws of energy transitions

    International Nuclear Information System (INIS)

    Bashmakov, Igor

    2007-01-01

    The paper formulates and explores a hypothesis on three general energy transition laws: the law of stable long-term energy costs to income ratio; the law of improving energy quality; and the law of growing energy productivity. These laws are essential for shaping long-term projections and checking for their consistency. All three are rooted in amazingly stable in time and universal across countries energy costs to income ratios. Limited energy purchasing power sets up thresholds, which, if exceeded, bring asymmetry to energy demand to price elasticity. The author believes, that the theoretical postulate on the substantial substitution among production factors, which is used in the production functions theory, may be incorrect. In reality, innovations mainly lead to the substitution of a low-quality production factor with the same yet of a better-quality. Improving energy quality with stable costs to income ratio is accompanied by growing energy productivity. Energy costs to income thresholds are indicators allowing for better projections of oil prices

  18. Environmental liability in constitutional law

    Directory of Open Access Journals (Sweden)

    Larissa Gabrielle Braga e Silva

    2016-04-01

    Full Text Available This article is scope to undertake a study of the Brazilian constitutional treatment given to environmental liability institute. This institute enters the constitutional law of special and unique way in the Constitution of the Federative Republic of Brazil in 1988, stamped on Article 225, third paragraph. The Federal Constitution gives broad protection to the environment and inserts it into the list of social rights and assigns it still status of fundamental right. With regard to environmental liability, the Constitution welcomes the normative content of Article 14, first paragraph, of the Act establishing the National Environmental Policy, Law 6.938 / 81, and includes the environmental objective accountability. The study called State Environmental Law is the new and necessary law paradigm that conjunctiva presents proposal of economic, social, cultural and environmental rights and advocates the idea of a broad existential minimum, not merely physical or biological. Finally, the liability was highlighted in its objective application in their individual and collective achievements. The literature review was the methodology used, whose deductive method to corroborate the findings made by this study. It is concluded that environmental liability is an institute that is associated with the consolidation of a Social and Environmental rule of law and that this is a challenge that everyone, without distinction, is presented.

  19. Chronicle 1998, Administrative law/Droit administratif

    NARCIS (Netherlands)

    Bok, A.J.

    1999-01-01

    In this contribution, two recent developments in Dutch administrative law are discussed. The codification of administrative law in a General Administrative Law Act (1994) has contributed much to this field of law, but has also caused additional legal complications for the administration. In 1997 the

  20. Handbook for Military Justice and Civil Law

    National Research Council Canada - National Science Library

    2000-01-01

    .... When speaking of the "law of evidence" one does not refer to a single set of laws contained in a particular book; the law of evidence is to be found in the Constitution, statutes, court rules, court decisions, service regulations, scholarly writings, administrative decisions, and the common law.

  1. 31 CFR 210.3 - Governing law.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Governing law. 210.3 Section 210.3... CLEARING HOUSE § 210.3 Governing law. (a) Federal law. The rights and obligations of the United States and..., are governed by this part, which has the force and effect of Federal law. (b) Incorporation by...

  2. 14 CFR 155.3 - Applicable law.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 3 2010-01-01 2010-01-01 false Applicable law. 155.3 Section 155.3... RELEASE OF AIRPORT PROPERTY FROM SURPLUS PROPERTY DISPOSAL RESTRICTIONS § 155.3 Applicable law. (a... transfer to the requirements of applicable law. Based on the laws cited in this paragraph, the...

  3. Research Handbook on International Environmental Law

    NARCIS (Netherlands)

    Merkouris, Panos; Fitzmaurice, Malgosia; Ong, David

    2010-01-01

    This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues

  4. The maritime law of the Baltic Sea

    DEFF Research Database (Denmark)

    Jahnke, Carsten

    2017-01-01

    Before the end of the 13th century, the Baltic seamen created a law system codi ed in Bjarkey and Söderköping and then Schleswig laws. The increasing Germanic domination of Baltic navigation resulted in the creation of speci c maritime laws for Lübeck and Hamburg before the introduction of the Laws...

  5. "Adultery" From Turkish Islamic Law to Today

    OpenAIRE

    TEMİZ, Yağmur

    2016-01-01

    Ottoman law crime and punishment of adultery, which evolved under the effect of Islam, was examined in the first part of this study. Other parts of this study consist of application differences between the Islamic Law and Ottoman Law, stoning to death(rajm) decisions in Iran that ruled with Islamic Law and evolution of adultery in Turkish Republic

  6. Derivation of the Ideal Gas Law

    Science.gov (United States)

    Laugier, Alexander; Garai, Jozsef

    2007-01-01

    Undergraduate and graduate physics and chemistry books usually state that combining the gas laws results in the ideal gas law. Leaving the derivation to the students implies that this should be a simple task, most likely a substitution. Boyle's law, Charles's law, and the Avogadro's principle are given under certain conditions; therefore, direct…

  7. Teaching International Law: Concepts in International Relations

    Science.gov (United States)

    Starbird, Caroline; Pettit, Jenny; Singleton, Laurel

    2004-01-01

    This book is designed to introduce students to public international law. Topics covered include international public organizations, such as the United Nations and World Trade Organization, international courts, international human rights law, international trade law, and international environmental law. The goal of each study is to examine how…

  8. State Constitutional Law: Teaching and Scholarship.

    Science.gov (United States)

    Williams, Robert F.

    1991-01-01

    State constitutional law is an emerging area for legal education, partly because of state supreme court decisions relying on state rather than federal constitutional law. Studying state constitutional law highlights similarities and diversity of legal and governmental systems. Interest in establishment of curricula and materials in state law is…

  9. Introductory Guide to European Corporate Law

    DEFF Research Database (Denmark)

    Fomcenco, Alex

    Introductory Guide to European Corporate Law presents in an easily comprehensible and accessible way the main features and principles that govern European corporate law.......Introductory Guide to European Corporate Law presents in an easily comprehensible and accessible way the main features and principles that govern European corporate law....

  10. Interzones of Law and Metaphysics

    DEFF Research Database (Denmark)

    Mossin, Christiane

    The dissertation analyzes a contemporary battlefield of law, the field of EU social rights, from a political-philosophical point of view. It is the conviction of the dissertation that law is deeply and inescapably conceptually connected with fundamental features of social order. The interrelations...... between the two do not merely concern the rights and obligations explicitly laid down in the law, but fundamental presumptions regarding the nature of human beings, overall purposes of social order, hierarchical and dynamic features of society and the possibility at all of regulation, its logics......, the dissertation reveals that EU social rights imply the contours of a particular social order. The essential features in question are derived through detailed analyses of EU social rights - through critical investigations of definitions of rightholders, material scope, legal core concepts, exclusions...

  11. Power laws in Ising nanostripes

    International Nuclear Information System (INIS)

    Drzewinski, A.; Sznajd, J.; Szota, K.

    2005-01-01

    The results of high accuracy density-matrix renormalization-group calculations for infinite Ising stripes of finite widths 100 ≤ L ≤ 400 are presented. It is shown that in the presence of the small external magnetic field the infinite system critical power laws can be observed for L of order hundreds nm. The single power law describes the field dependence of the magnetization or the longitudinal correlation length only on the infinite system critical isotherm independently of the value of L. The approximate power law which describes how the magnetization varies with a distance from the infinite system critical point for several directions in the plane (temperature, external field) is also studied. (author)

  12. European Law in the Making:

    DEFF Research Database (Denmark)

    Rasmussen, Morten

    the legal service of the High Authority from early on promoted a ‘constitutional’ interpretation of European law, but where the member state, as well as most legal experts, still considered European law a subset of international law. How did the Court of Justice of the ECSC manoeuvre between......Traditionally, the Court of Justice of the European Coal and Steel Community (ECSC) has mainly been considered the somewhat dull predecessor to the more famous Court of Justice of the European Communities, which in 1963-64 ‘constitutionalised’ the Treaties of Rome with the seminal judgments of Van...... Gend en Loos and Costa V. ENEL. The jurisprudence of the Court of Justice of the ECSC was allegedly conservative dominated by technical and economic considerations less than adventurous activism. Recent historical research has demonstrated the complexity of the legal landscape of the 1950s, in which...

  13. Drought, Sustainability, and the Law

    Directory of Open Access Journals (Sweden)

    Robert W. Adler

    2010-07-01

    Full Text Available Researchers and responsible officials have made considerable progress in recent years in efforts to anticipate, plan for, and respond to drought. Some of those efforts are beginning to shift from purely reactive, relief-oriented measures to programs designed to prevent or to mitigate drought impacts. Considerably less attention has been given to laws that may affect practices and policies that either increase or decrease drought vulnerability. Water law regimes, drought response and relief legislation, and laws governing broader but related issues of economic policy—especially agricultural policy—should be evaluated more comprehensively to enhance incentives for more ―water sustainable‖ practices in agriculture and other sectors of the economy. Those changes will be increasingly important if current climate change models are correct in their prediction that many parts of the world can expect more frequent and more severe conditions of meteorological drought in the ensuing decades.

  14. International nuclear energy law - present and future

    International Nuclear Information System (INIS)

    Barrie, G.N.

    1988-01-01

    International nuclear energy law, as discussed in this article, is the law relating to the global, peaceful uses of nuclear science and technology. The position of nuclear law in the wide realm of law itself as well as the present status of nuclear legislation is assessed. This article also covers the development of international nuclear energy law, from the first nuclear law - the New Zealand Atomic Energy Act of 1945-, the present and the future. National and international organizations concerned with nuclear energy and their contribribution to nuclear law are reviewed

  15. Newton's Laws, Euler's Laws and the Speed of Light

    Science.gov (United States)

    Whitaker, Stephen

    2009-01-01

    Chemical engineering students begin their studies of mechanics in a department of physics where they are introduced to the mechanics of Newton. The approach presented by physicists differs in both perspective and substance from that encountered in chemical engineering courses where Euler's laws provide the foundation for studies of fluid and solid…

  16. CASE REVIEW (Labor Law) | Fassil | Haramaya Law Review

    African Journals Online (AJOL)

    The author argues that the very purpose of the 'presumption of indefinite period engagement', i.e. job security, should be given effect. More importantly, employers shall not be given discretion to abuse their right to recruit for 'definite period' under the guise of project work refuting the protective purpose of the labour law.

  17. Hubble's Law Implies Benford's Law for Distances to Galaxies ...

    Indian Academy of Sciences (India)

    Abstract. A recent article by Alexopoulos and Leontsinis presented empirical evidence that the first digits of the distances from the Earth to galaxies are a reasonably good fit to the probabilities predicted by. Benford's law, the well known logarithmic statistical distribution of sig- nificant digits. The purpose of the present article ...

  18. Pak Dusa's law: Thoughts on law, legal knowledge and power

    NARCIS (Netherlands)

    Benda-Beckmann, von F.

    2005-01-01

    This paper examines the ways in which law, legal knowledge and power become involved in social interaction. Any such interaction takes place within and is constrained and enabled by actual and imagined "power fields", constituted by configurations of relations of autonomy and dependence. Legally

  19. Teaching Law to Online Law Students at RMIT University

    Science.gov (United States)

    Babacan, Alperhan

    2011-01-01

    This paper discusses the online Juris Doctor Program (JD Program) at RMIT University. The first part of the paper provides a brief overview of the JD Program, the graduate capabilities of the Program and key principles associated with the teaching of law to online postgraduate students. In line with the literature in the area of online teaching…

  20. European Union competition law, intellectual property law and standardization

    NARCIS (Netherlands)

    Geradin, Damien; Contreras, Jorge L.

    2016-01-01

    This paper provides an overview of the efforts of the European Commission to identify and, when necessary, challenge anticompetitive behaviour with respect to standardization and the licensing of standardized technologies, as well as the case-law of the CJEU on the same subject. The paper starts by